We asked resident legal expert Hunter Morris to weigh in on a very important topic.
Divorce is a very difficult time in someone’s life and the umbrella of stress is even greater when children are involved. You have a lot invested in a marriage, both on an emotional and financial level. Untangling the relationship can be mentally and physically difficult, as well as emotionally taxing.
Are you considering parting ways? And are children involved?
A few things to think about when making the decision to file for divorce include: protecting your children from unnecessary stress, the relationship between each parent and the children, counseling for children if necessary, maintaining consistency in your children’s routines and coming to an agreement about the custody and visitation. There are also financial considerations including child support and alimony.
You should absolutely speak with a qualified divorce attorney, someone that can advise you of your rights and the considerations you need to make during the process.
South Carolina allows for two types of divorce; no fault and fault based divorce. A no fault divorce requires the parties to live separately and apart without cohabitation for one year. A fault based divorce will allow a party (with proof) to be divorced on fault-based grounds 90 days after the filing of the divorce action. In South Carolina, fault-based grounds include adultery, physical cruelty, habitual intoxication and desertion/abandonment. During the process, the parties divide assets, determine custody and what, if any, financial support will be provided.
The process can be very complex and having a qualified attorney represent you can help save you a lot of stress in an extremely volatile situation. Please take the time to think about all the factors that go into the decision to go through a divorce and talk with an attorney to make sure that you have all the information you need to make the best decision for you.