Family Law
The Brunson Law Firm handles divorce and family law cases around the State of South Carolina. We understand that divorce and/or family law matters is stressful for both parties. We are available to assist in uncontested and contested cases. An uncontested case means that the parties have an agreement on issues such as custody, visitation, support, maintenance, and division of property, debts, and retirement benefits. A low flat rate is charged for uncontested cases.
A contested case is one in which the parties have not reached an agreement and thus, issues are in dispute. Contested cases are handled on an hourly basis. The length and cost of your contested case will depend upon the attorney's time expended in connection with the complexity of the issues in dispute.
What are the grounds for divorce ?
South Carolina Grounds for Divorce
(1) Adultery;
(2) Desertion for a period of one year;
(3) Physical cruelty;
(4) Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or
(5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.
To file for a divorce South Carolina, one of the following requirements must be met. If both parties are state residents, the party filing for divorce must have been a resident of the state for three months. If one of the parties is not a resident, the other party must have been a state resident for one year.
How can I get custody of the children?
Section 20-3-160 of the South Carolina Code of Laws provides that the court shall consider the circumstances of the spouses; the nature of the case; the welfare of the child; and the best spiritual and other interests of the child. Also, Section 20-7-1515 allows the court to consider the child's reasonable preference for custody to determine the best interests of the child. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference. There are other factors that the court may consider in making a decision regarding custody of a minor child, such as domestic violence, and we have not addressed all factors here so if you have a matter regarding custody issues, call 1-800-903-7087.
What about visitation, child support, property rights, and alimony?
Visitation
The court will seek to have the parties reach an agreement on their own, if possible. The parties know better than anyone their particular schedules and desires. However, deciding the proper amount of visitation can be a difficult undertaking. The court will grant reasonable visitation to the non-physical custodial parent. A typical visitation schedule may include alternating weekends, one or two nights during the week and alternating holidays.
The Brunson Law Firm provides assistance to litigants who wish to initiate a divorce action, respond to an action that was filed, or seek a modification or change to custody, support, or visitation in a court order.
Child Support
South Carolina has official child support guidelines which is presumed to be correct unless one of the following factors requires a deviation from the amount: educational expenses for the child or a spouse; equitable distribution of property; consumer debts; if the family has more than six children; unreimbursed extraordinary medical or dental expenses for either parent; mandatory deduction of retirement pensions and union fees; support obligations for other dependents living with the noncustodial parent or noncourt ordered child support from another relationship; child-related unreimbursed extraordinary medical expenses; other court-ordered payments; significant available income of the child or children; a substantial disparity in the income of the parents which make it impractical for the non-custodial parent to pay the guideline amount; the effect of alimony on the circumstances; and agreements reached between parties, if in the best interests of the child.
Failure to pay child support pursuant to a court order is considered contempt of court and the person in contempt may be imprisoned for up to one year and fined.
Property Rights
Nonmarital property is any property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse; property which was acquired prior to the marriage; property acquired in exchange for non-marital property; and property excluded by written contract of the parties (i.e. antenuptial agreement). The court does not have jurisdiction or authority to apportion nonmarital property. All other property will be equitably divided based upon the following factors: the duration of the marriage; the age of the spouses; any marital misconduct; any economic misconduct; the value of the marital property; the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; the income of each spouse; the earning potential of each spouse and the opportunity for the future acquisition of capital assets; the physical and emotional health of each spouse; the needs of each spouse for additional training or education in order to achieve their earning potential; the non-marital property of each spouse; any retirement benefits; whether alimony has been awarded; the desirability of awarding the family home to the spouse having custody of any children; the tax consequences to each or either party as a result of any particular form of equitable apportionment; any marital debts of the spouses; any child custody arrangements; and other relevant factors.
Note: The court's order as it affects distribution of marital property is a final order not subject to modification except by appeal or remand following proper appeal.
Alimony/Maintenance & Support
Either party may be awarded spousal support based upon the following factors:
the duration of the marriage and the ages of the spouses when married and when divorced;
the physical and emotional conditions of the spouses;
the educational background of each spouse, and
the need of additional training or education to reach the spouse's income potential;
the employment history and earning capacity of each spouse;
the standard of living during the marriage; the current and expected earnings of each spouse;
the marital and separate property of each spouse;
the custody of any children and its effect on the ability of the custodial spouse to work full-time;
any marital misconduct;
any tax consequences; any prior support obligations;
current and anticipated expenses and needs of both spouses; and
any other relevant factors.
Alimony and separate maintenance and support may be granted temporarily and permanently. A support order is modifiable based upon changed circumstances in the future.
Types of Alimony
Periodic alimony - the court may find it appropriate to order this type of payment of alimony for the ongoing support of a spouse and it is to be reviewed and revised as circumstances may dictate in the future.
Lump-sum alimony - is a finite total sum paid in one installment, or periodically over a period of time.
Rehabilitative alimony - is a finite sum to be paid in one installment or periodically. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse.
Reimbursement alimony - is a finite sum, to be paid in one installment or periodically. he purpose of this form of support may include, but is not limited to, circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage.
Note: Separate maintenance and support can be awarded and is to be paid periodically. The purpose of this form of support may include, but is not limited to, circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart.
The court may grant more than one form of support and such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances. [Section 20-3-130]
CALL 1-800-903-7087 TO FIND OUT WHEN ALIMONY CAN BE TERMINATED OR MODIFIED.
You can contact us directly at a toll free number. The number is 1-800-903-7087. Call now for your FREE telephone consultation.
