Obtaining a No-Fault Divorce in South Carolina
By The Law Office of Andrew Farley, LLC
Jun. 3, 2013 3:32p
While some states allow for a swifter no-fault divorce resolution, the laws in South Carolina regarding granting a divorce are different. A divorce will not be granted on the basis that the marriage is "irreparably broken". The filing must be made on very specific grounds otherwise it will be rejected. According to the state code of laws, there are five grounds for divorce that are recognized by courts. Four of these are the basis for an "at fault" divorce. If a spouse becomes estranged from the other and the family for a year or more then the other spouse can file for divorce. Violating the marriage agreement by having a sexual relationship with someone other than one's spouse, alcoholism or habitual drug use are also valid grounds for an at fault divorce. A spouse can also file for divorce if his or her spouse exhibited physical abuse or cruelty to the other spouse. A no fault divorce can only be petitioned for if the spouses separate. The two must live apart for at least 12 months before the courts will accept a divorce complaint where none of the other grounds exist.
Do you wish to seek a no-fault divorce?
Talk to a knowledgeable divorce lawyer if you are considering filing for a no-fault divorce. It is important to discuss your case as soon as possible since there is a fairly substantial length of time involved before you can file for divorce in this type of case. While you and your spouse must be separated and not cohabitating for a year, a knowledgeable attorney may be able to help you settle certain matters concerning a divorce before that time period has elapsed. Issues such as division of property, child custody, visitation, child support, spousal support and other such important matters can be addressed and settled through a temporary hearing. A legal professional can help you request this hearing and protect your best interests when it comes to your children and your property.
Contact a divorce attorney in Lexington today!
Going through a separation or divorce is an emotionally difficult situation. That is why it is crucial that you have a lawyer on your side that you can trust to alleviate some of the stress of your circumstances. I established my firm, the Law Office of Andrew Farley, with the purpose of helping clients get the strong and compassionate representation they need when facing this hard time in their lives. Contact my firm today to arrange a time to discuss your case in a free initial consultation.
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