Frequently Asked Questions about Divorce
What are the grounds for divorce in South Carolina?
What if I can’t prove one of those grounds?
What if we have an agreement?
What if I need relief right away?
How long will a divorce take?
How does the Court know what our finances are?
How much does it cost?
What kinds of assets are divided in a divorce?
What happens to the property that each spouse owned before the marriage?
What terms should be included in a separation agreement?
What are the grounds for divorce in South Carolina?
The grounds for divorce in South Carolina are the following: Adultery, Physical Cruelty, Habitual Drunkenness (to include habitual drunkenness caused by the use of any narcotic drug), Desertion and Separation for One Year. top
What if I can’t prove one of those grounds?
If you and your spouse are separated, but do not have grounds for a divorce, you may file for a Decree of Separate Support and Maintenance. This is basically for the Court to give you the right to live separate from your spouse. It can resolve all issues from the marriage, except that of divorce, so alimony, child custody, child support, division of property and debt can be resolved. top
What if we have an agreement?
An agreement between the parties reduces the cost of the divorce and allows the parties to make an agreement that can be in both of the parties’ best interest. As it takes less court time to have the court approve an agreement, the parties can generally get to court quicker than if they have a contested trial. top
What if I need relief right away?
If you require immediate relief, you may be able to file for an emergency hearing or a temporary hearing. The Court will address issues such as custody, support and restraining orders before a final hearing can be held. This is to provide the parties with TEMPORARY relief until the final hearing can be held. At the temporary hearing, the parties present their evidence to the Court through the parties’ affidavits and those of their witnesses. Before the temporary hearing, we will help you and your witnesses prepare affidavits for the temporary hearing
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How long will a divorce take?
A question often asked by our clients is how long will a divorce take? This depends on many factors, including what grounds you are seeking a divorce on, the complexity of the divorce and property and the number of issues and other factors. We can better answer that question at our initial consultation after we discuss your case. top
How does the Court know what our finances are?
The Family Court Rules require that every party in divorce action file a financial declaration. This is a notarized statement by which provides the Court with a financial snapshot of your gross month income, expenses, as well as listing the values of you assets. You will probably not have this information with you when you first come in, but it is helpful for you to begin gathering the necessary information. Your paralegal will make arrangements to get this information from you before the pleadings are filed or at least prior to the temporary hearing. We will help you work through this document.
We will need a copy of your most recent pay stub which shows your year to date earnings and deductions from your employer or at least a W-2 form. The financial declaration will show your monthly expenses such as food, utilities, car payment, etc. It is helpful to use your check book register as a starting place for these figures. Also, the Declaration contains a section to list property and monies in the marriage top
How much does it cost?
At your first meeting with your attorney, an estimated fee will be set for your case. It may be an hourly contract rate or a flat fee. A retainer fee will usually be required. In addition to the attorney fee, you will be responsible for any court costs incurred such as a Court filing fee ($150.00), process service fee ($30.00-$50.00) and/or expert witness fee. At any time you desire to know your balance, contact our office. We are providing legal representation to you and you will be responsible for the fees and costs. However, in most case, we will ask the Court to require your spouse to pay all or part of your attorney fee. If the Court does not award attorney fees, you will be responsible for the fees. We take MasterCard, Visa, and Discover to help you pay your fees. top
What kinds of assets are divided in a divorce?
The parties in a divorce can agree to the division of, or the judge will divide, all marital or community property owned by the parties. Generally speaking, this includes property the couple acquired during the marriage.
It is not always easy for a spouse to identify all of the assets that may be available for valuation and division, especially if the other spouse is less than forthcoming with the details. This is where the parties' lawyers can help. Through the legal process known as discovery, the parties' attorneys exchange documents that reveal each party's income, assets, and liabilities. Documents such as tax returns, personal financial statements, bank account statements, brokerage house records, real estate records, loan applications, and business records usually give a clear indication of each party's financial situation. top
What happens to the property that each spouse owned before the marriage?
The property that each spouse owned before the marriage, as well as property given to or inherited by one spouse during the marriage, usually remains that spouse's separate property. It may, however, be considered as part of the total circumstances in determining a fair allocation of the marital property.
However, if non-marital property is not kept separate from marital property, it may lose its separate characterization and become subject to division. top
What terms should be included in a separation agreement?
It is important for a party to speak to an attorney before attempting to enter into an agreement with the spouse. An attorney can advise as to the law regarding property division, custody, and support as well as providing advice on negotiating an agreement. A formal separation agreement can help ensure that all family members' needs will be met.
An attorney can make sure that a separation agreement covers all necessary details and complies with applicable law. Although it may seem like a good idea to save money by having one lawyer draft or review the agreement, it is really in each party's best interests to be separately represented, so that each lawyer can draft or review the separation agreement with his or her client's needs in mind.
The terms of such agreements will vary, depending on the needs of the particular parties involved, but the following items should be addressed:
The spouses' right to live separately;
Custody of the children;
A visitation schedule, or a provision for reasonable visitation;
Child support;
Alimony or spousal support;
The children's expenses, including medical, dental, educational, and recreational;
Property and debt division;
Insurance, including medical, dental, and life; and
Income taxes.
As with pre-marital agreements, a separation agreement may be unenforceable if either party failed to make a full disclosure or coerced the other to enter into it. If and when the parties officially file for divorce, the separation agreement's terms will be incorporated into a settlement agreement. top
Toussaint Law Firm, PC
10131 Clemson Boulevard
Seneca, South Carolina 29678
Call toll free: (866) 859-3909
Phone Number: 864-888-1900
Fax Number: 864-888-0038
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