SC Divorce Lawyers in Myrtle Beach
Divorce is one of the most painful times that many people will experience in their lifetimes. Your divorce lawyer at Axelrod and Associates understands that you need support, advice, and someone in your corner to protect your interests.
Our first goal when we meet with you in your initial consultation is to find out what your situation is and how we can protect you while helping you through the legal process of separation and divorce. In some cases, you may need to immediately file for divorce. In other cases, there may be a waiting period that is required by law.
We may need to take immediate action to protect your interests and your children during a separation period. You may be someone who can file for a simple, uncontested divorce, or you may have significant assets and an angry spouse that complicates matters.
No matter what your situation is, we will advise you as to your best next step and we will stay with you every step of the way as you navigate South Carolina’s family court system.
What are the Grounds for Divorce in SC?
In South Carolina, there are two ways to get a divorce: a no-fault divorce or a fault-based divorce.
A person may be granted a no-fault divorce after both spouses have been living separate and apart for more than one year. In addition to divorces on grounds of one-year separation, there are four fault-based grounds for divorce in SC:
- Adultery – a divorce may be granted on grounds of adultery if the other spouse has had sex outside of the marriage. Adultery can be proven by circumstantial evidence, but it must be shown that the spouse and the other person had both the inclination and the opportunity to commit the act. In many cases, it is critical that your attorney has an effective private investigator to help obtain the evidence that you will need in court.
- Physical cruelty – a divorce may be granted on grounds of physical cruelty when the other spouse engages in a pattern of physical abuse, or causes the person to fear for their life or safety.
- Habitual drunkenness or drug use – if the other spouse is regularly drunk or regularly gets high, this may be grounds for divorce.
- Willful desertion – desertion can be grounds for divorce if the other spouse leaves the home with the intention of not coming back, without the person’s consent and without justification, and remains gone for at least one year.
What is an Uncontested Divorce in SC?
When there are truly no assets, no claim to alimony, and no children involved, it is called a “simple” or uncontested divorce. In a truly uncontested divorce, the attorney fees are typically much lower, and the process is much easier for the parties that are seeking a divorce.
In a divorce where there are assets, alimony, child support, visitation, and custody issues, or any combination of the above, it can theoretically still be uncontested if both parties agree to all terms and there are no disputes.
On the other hand, your divorce lawyer still has an obligation to advise you and protect your interests – we have seen situations where a spouse, suffering from the emotional trauma of separation and divorce, is willing to agree to unreasonable demands by their spouse just to get it over with.
If this is you, your divorce attorney still must advise you as to what your rights are, how to protect your financial future and children, and whether it is in your best interests to agree to your spouse’s demands.
What is a Contested Divorce in SC?
When there are disagreements as to property division, child custody or visitation, child support, or alimony, those disagreements must be resolved. Ideally, your attorney and your spouse’s attorney will be able to resolve the disagreements before you go to court for your final hearing.
When the parties cannot agree, the court will decide the issues at a trial.
Although there are many times when an amicable divorce is absolutely the best solution for everyone involved, there are also times when it just is not possible. When you need an experienced divorce attorney to go to war for you in a complex divorce, you want Axelrod and Associates on your side.