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Though divorce is a common occurrence, it is almost always difficult to endure. Most people believe that it will never happen to them, so when it does, they feel lost, disappointed, and unsure of what to do next. The idea of rebuilding a life without your spouse can cause a significant amount of stress and emotional pain. If you are considering a divorce in Myrtle Beach, you need an experienced divorce attorney.
Despite the painful nature of separation, some divorce processes go fairly smoothly. Others are complicated, messy, and lengthy. If you are going through this process, no matter the circumstances, it is important that you find a divorce attorney who can represent you. Family law cases, including divorce, are often complicated and fraught with emotion. Having a divorce lawyer to ensure that the process runs smoothly is imperative for your mental health and the happiness of your family.
Divorce is one of the most painful times that many people will experience in their lifetimes. Your divorce lawyer at Axelrod & 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.
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. It is important to note that the court does not recognize a marital separation unless you and your spouse live separately. You may not apply for a divorce if you have been separated for one year but have only lived apart for six months. You must live apart for a full year before filing for a no-fault divorce, regardless of how long you have been separated or approaching divorce.
In addition to divorces on grounds of one-year separation, there are four fault-based grounds for 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.
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 & Associates on your side.
The most basic part of the divorce process is property division. Dividing marital or community property helps to ensure that both spouses get a fair portion of the assets that were acquired during the marriage. Unless you have a prenuptial agreement, all assets that you owned before the marriage need to be divided as well.
The property division in South Carolina is not a 50/50 split. In order to get what you deserve for your new life and family dynamic, it is important to contact the family law attorneys at Axelrod & Associates. We can negotiate a fair divorce settlement for you and ensure that your spouse and their lawyer do not take advantage of you.
One of the most significant and painful aspects of many divorces is child custody arrangements. Children are often extremely important to their parents, and deciding how to restructure a family creates emotional turmoil for all involved. However, determining child custody is essential to the divorce process if you have children.
Many people feel fearful of this process because they believe that they will lose custody of their children. Although this is possible, it is not the court’s standard practice. Understanding child custody arrangements can help to make the process more approachable.
The court’s only concern when determining child custody is the well-being of the child or children involved. The court will look at each parent’s ability to provide for, care for, and support the children. If both parents are equally equipped, the court will likely grant joint custody.
Other child custody arrangements include:
If your children are old enough to develop an informed opinion about their situation, the court may take their statements into account. Usually, this happens when a child is 12 years old or older.
In some situations, child support is a necessary negotiation during the divorce process. The court aims to have both parents contribute equally to their child’s upbringing in proportion to their income. Therefore, if one parent has more custody than the other, the lower custody parent will have to make up the difference through financial support.
In some situations, the court mandates child support even if both parents share equal custody. This is because the contributions should be proportionate to the parents’ income. If one parent makes drastically more money than the other, they will have to contribute more to make the percentages equal.
Spousal support, or alimony, is a factor in some SC divorces. This occurs if one spouse brings in most of the income while the other spouse brings in less, stays home, or provides childcare. To allow the lower-earning spouse to build a new life with financial security, the higher-earning spouse may have to pay alimony.
These payments can last only a few months, or they can last for a lifetime. The duration and sum of these payments depend upon many unique factors, including the length of your marriage. The longer you have been married, the more likely it is that alimony will be part of your divorce negotiations.
Many people falsely believe that they can navigate their divorce without legal help. This is not wise, regardless of your circumstances. Even the most amicable divorce can become complicated and ugly once the negotiations begin. To keep the process calm and orderly, it is best to have a divorce lawyer represent you.
Your divorce lawyer can also advocate for you during child support, child custody, and asset division negotiations. These essential negotiations shape your entire future. If you want your voice to be heard, you need to have an attorney. It is difficult to advocate for your own needs in the proper manner without legal representation.
Finding the right divorce attorney can be difficult. It is important to find someone trustworthy, experienced, and honest. Our team at Axelrod & Associates has been providing exemplary divorce support for many years. We have the experience and resources to make sure that your divorce proceeds as smoothly and painlessly as possible.
If you are considering divorce or a separation, we are here to assist you. To set up a consultation, call 843-353-3449 today or complete our contact form to find out what your options are and how to protect your interests.