Family Law

Family law encompasses many different aspects of the law. In reality, many marriages can end in divorce, which leaves the family open to a variety of legal issues such as alimony, child custody, child support, and property division. A lawyer who specializes in family law should be very familiar with the divorce laws in their state, since every state has different requirements for residency, waiting periods, division of property, custody, and support.

In South Carolina, a spouse may file for divorce if both spouses have been living in the state for at least three months or if one spouse has been living there for one year. The grounds for divorce in South Carolina include adultery, abuse, or desertion; some couples will file for divorce after being separated for one year.

When ruling on child custody, the court will consider both parents equally and will make a decision based upon the best interests on the child or children. This could result in sole or joint custody. Physical custody is where the child will live at least half of the time and legal custody is the right of the parents to make decisions regarding major aspects of the child’s life, such as education and religion. The child is usually allowed to make a statement to the court regarding their own wishes, but only if they are mature enough to make such statements.

Child support is calculated taking the incomes of both parents into consideration. Alimony will be rewarded based upon the financial states of both spouses. South Carolina is an equitable distribution state, which means that the marital property will be divided fairly but not necessarily equally. In some cases, separate property that was acquired before the marriage can remain with the original owner.

In divorce cases, it is best to consult a lawyer who specializes in family law. Even if the divorce is amicable, an attorney will be an impartial ally who has the best interests of their client as their main agenda. They will make sure that all legal rights are protected.