Divorce not only involves the legal dissolution of a marriage but also consists of a wealth of other issues. These include the division of assets, debt, child support, child custody, and alimony. Facing a divorce alone can result in an adverse outcome that can have devastating long-term consequences. Effectively litigating a case requires experienced and passionate representation.
A capable Lexington divorce attorney not only assists the client in navigating the legal issues surrounding divorce but also understands the legal decisions made have deeply personal consequences.
All decisions in family court should consider the human cost. The strategic choices made while litigating a case can have lasting personal consequences. Particularly when handling child custody, support, and financial matters. It should not be a journey taken alone.
South Carolina, like other states, provides two paths to obtain a divorce: fault grounds and a no-fault ground.
South Carolina Law lists four fault grounds:
- Adultery
- Habitual drunkenness or narcotics abuse
- Physical cruelty
- One year’s desertion
When using fault grounds for divorce, a person seeking a divorce must prove that their spouse’s behavior falls under one of these categories. The spouse responding to the allegations may contest them and present evidence to the contrary. The more common route involves the no-fault approach. In a no-fault situation, the party requesting the divorce must only prove separation from their spouse for at least one year without reconciling or living together, and that the marriage is beyond salvage.
Child Support
South Carolina law requires that every parent financially supports his or her child either while in their custody or through child support if not living with the child. How a person requests child support depends on several factors. This includes whether parentage has been established for the child, the amount of support sought, whether there is an open family court case involving the child, or whether the party requesting child support receives public assistance.
In South Carolina, the amount of child support that a noncustodial parent should pay is based on a few things. These include the income of both parents, whether the other parent receives alimony, the number of other biological children in the home, whether either parent must pay for health insurance, childcare costs, and some medical expenses.
South Carolina Law Allows Four Types Of Alimony:
- Periodic alimony: This is the most common type of alimony or support during a divorce. Every month a set amount is generally paid. However, it terminates on the remarriage or continued cohabitation of the supported spouse.
- Lump-sum alimony: An alimony payment is paid in one installment or scheduled installments. Lump-sum alimony is a fixed amount that is not modifiable.
- Rehabilitative alimony: An alimony payment is paid in one installment, or scheduled installments. The purpose of this type of alimony is to provide for the completion of job training or education to improve the supported spouse’s earning capacity. It is generally payable for a specific, court-ordered duration and then stops.
- Reimbursement alimony: An alimony payment paid in one installment, or scheduled installments. This type of alimony or support is designed to reimburse the spouse who invested in the other spouse’s education or business, especially when the anticipated fruits of the investment is no longer possible because of the separation or divorce.
Call A Lexington Family Law Attorney Today
McCutchen McLean, LLC can offer years of experience and compassionate guidance for your family law needs. If you have family law questions, call our Lexington office at (803) 785-4529
