South Carolina Divorce Attorneys Protecting Your Future
If you are considering or facing divorce in South Carolina, you probably know that it is an emotional and challenging experience. Getting divorced often involves the division of marital assets, alimony, and, if there are children: child custody, visitation, and child support. If you are considering divorce and need advice or assistance call one of our South Carolina Divorce Attorneys today to schedule a consultation. We will fight to protect your best interests.
Whether your case involves:
We also handle enforcement actions for existing agreements and/or requests for modifications of existing agreements;
- Drafting or Enforcement of Prenuptial and Postnuptial Agreements
The South Carolina Divorce Attorneys at the Strom Law Firm, LLC are here to help. We have experience dealing with complex cases.
Why You Need South Carolina Divorce Attorneys to Protect Your Interests
The South Carolina Divorce Attorneys at the Strom Law Firm, LLC will provide you with the individual attention your situation deserves to best accomplish your goals. Do not risk going into family court without an advocate who knows the laws and will fight to protect your well-being. Let us ensure that your future is protected.
Filing For Your Divorce
Before the Family Court can have the ability to grant a divorce or separation, it must have jurisdiction as defined in South Carolina Code. Ann. § 20-3-30. The person filing for divorce must have resided in South Carolina for at least one year prior to its commencement. If the person is not a resident of South Carolina, the other party must have resided in this State for at least one year prior to the filing. Otherwise, both parties must have been residents of South Carolina for at least three months prior to the filing of the divorce action.
A husband or wife may file for divorce after living separate and apart for one year. Alternative grounds for Divorce include:
- Physical Abuse or Cruelty;
- Habitual Drunkenness or Habitual Use of Drugs;
- Adultery; and
- Desertion for more than one year.
Separation vs. Divorce: Separate Support and Temporary Hearing
In South Carolina, there is no “legal” separation but there is what is referred to as a Decree of Separate Maintenance. Parties may request a separate support and maintenance hearing to determine each party’s rights and obligations. Although the parties must live separate and apart for one year before a final divorce decree can be issued, a number of legal issues may still arise during the one year period. Issues can include:
- Asset/Debt Distribution;
- Child Custody and Support;
- Spousal Support; and
Equitable Division of Marital Assets and Debts
As part of the divorce process, the Family Court will often divide each party’s assets and liabilities in a four step process called equitable distribution. The Family Court uses the following steps when dividing the marital estate:
- Identify the marital property to be divided between the parties; (real property, personal property, and debts)
- Determine the fair market value of each party’s assets and amounts owed for the identified debts;
- Identify the direct and indirect proportional contributions of the parties to the acquisition of the marital estate; and
- Provide for the equitable division of the marital estate.
The division of marital assets and debts is one of the many reasons you need a South Carolina Divorce Attorney for every stage of the process. We will advocate for all of your rights from the very beginning.
High Asset Business Valuation During the Divorce Process
If you are facing divorce in South Carolina, and a business is involved, an accurate business valuation is extremely important. While the family court may ultimately decide what the business is worth, it is important that you retain a Divorce Attorney who can help you properly value your family’s business. Your Divorce Lawyer will also help you understand the tax implications you might be facing regarding your ownership interest.
When dividing an asset, the Family Court will consider the fair market value of the business based, in part, upon the following:
- The net asset value of the business
- The fair market value for any stock tied to the business
- The earning or investment value of the business
Having a South Carolina Tax attorney who understands accounting, as well as any corresponding tax implications, can ensure that you are prepared and fully understand the financial consequences beyond the final divorce proceeding. We have experience dealing with complicated property and business valuations and can help you understand your financial future going forward.
How to Prepare for Your Initial Meeting with a South Carolina Divorce Attorney
Being prepared in your initial meeting with your South Carolina Divorce Attorney can go a long way towards making sure that your family law attorney has all of the information necessary to get started on your case. If you are facing a divorce in South Carolina, you should begin collecting all of your important legal documents. In preparation for your initial meeting, you should:
- Review and be familiar with the South Carolina financial declaration form. Our competent staff can assist you with this form that is often overwhelming for people at the outset of domestic litigation.
- Pull together any and all South Carolina real estate documents for property that you own. Collect all relevant business financial documents, including
- Prepare an outline of your monthly budget.
Call the Strom Law Firm, LLC South Carolina Divorce Attorneys Today
Our South Carolina Tax Attorney can help ensure that the assets accrued during the marriage are properly valued and equitably distributed. Whether your assets involve business interests, personal property, or financial investments, we will make sure you understand the tax implications. In addition, while you may just want the fastest path out of the marriage, it is important to understand that any agreement can have lasting consequences. For example, failing to secure the proper child custody arrangement, paying or receiving an unfair amount of alimony are both extremely difficult to challenge after a final order has been issued.
Even if you feel that an allocation or distribution is equitable, it is vital that you have competent representation. We understand what’s at stake; let our experience stand on your side. Call the Strom Law Firm, LLC today to schedule your consultation with our Divorce Attorneys. 803-252-4800.