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Juvenile Charges

Dividing Assets in a Divorce

Augusta Couples Might Fight Over Assets in a Divorce

Marriage is both a romantic ceremony and a legal joining of property. Married couples often share bank accounts, credit cards, insurance, mortgage payments, and other property they purchased together as part of their relationship. If a couple should divorce, money, property, and debt must be divided, and the division can get emotionally overwhelming.

The court will attempt to divide property to either party in a divorce as equitably as possible, but that does not mean that all your personal property is up for grabs. Additionally, if there was fault in the divorce – such as adultery, abandonment, physical abuse, or drug or alcohol abuse – then the spouse seen as the victim may receive more property or financial compensation.

South Carolina Property and Assets During a Divorce

While you may be willing to equally divide car payments and separate your bank account, some items may have a stronger emotional attachment for you. In a divorce, unfortunately, one spouse will get the house, and possibly alimony or child support payments. If there is one car you both share, one of you will receive the car. While a divorce court will attempt to be fair to both parties, you may not be able to keep some belongings that you are attached to.

However, not all of your personal property is up for grabs. If you alone own the house or the car, for example, that will remain yours. If you inherit money, gifts, land, or other assets from a relative, that will remain your property and will not go to your spouse. While your spouse may feel attachment to these items, emotional attachment alone does not signify ownership.

My Spouse and I Have Filed for Divorce, But We’re Fighting About Property

If you share many assets, finances, or debts with your spouse, you may spend lots of time arguing about how best to divide up the property during a divorce. The attorneys at the Strom Law Firm can help. We are eager to schedule you a consultation to discuss your divorce and how best to proceed, so contact us today. 803.252.4800

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Juvenile Charges

Divorces and Custody Battles

Custody of Children is Important in Lexington Divorces

Many marriages end in divorce, which means that, in most cases, children will get caught up. Whether children are very young or grown up, they can still feel emotional pain during their parents’ divorce. While adult children do not need legal consideration in a divorce proceeding, the custody of minor children is important in a divorce.

If one spouse feels wronged by the other, custody discussions can quickly turn into the eponymous “custody battle.” One parent may feel they have been the main caregiver for the children and are therefore more responsible, or one parent may argue that the other is abusive. If you find yourself in a custody battle during a divorce process, rigorous legal representation will be very important to you.

Custody and Financial Care of Children after a South Carolina Divorce

In some cases, a South Carolina divorce court will take a child’s parental preference into consideration during custody discussions. This determination will be based on the child’s age, experience, maturity, judgment, and ability to express preference, so it is rare for very young children to face this question. The court will also consider evidence of domestic violence, the nature of the divorce and both parents, as well as religious faith. If your spouse vindictively argues that you are an abuser or neglectful, your legal rights to see your children could be under threat.

You may also face alimony charges or child support. Child support can often depend on income variation or the distribution of property in the divorce. Alimony is a specific payment for “spousal support,” and child support is financial support for children after a divorce. Child support is often awarded to the parent with less income or more custody of the children.

My Former Spouse is Fighting Me For Custody of Our Children

If you face a “custody battle” with your former spouse regarding the custody of your children after a divorce, and you fear that your rights to see and care for them are being undermined, you may feel lost or alone. The South Carolina divorce attorneys at the Strom Law Firm can help. We offer confidential case evaluations to discuss the reasons for your divorce and custody of children. Contact us today to schedule your consultation. 803.252.4800

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Juvenile Charges

Filing for Divorce in South Carolina

Couples in Myrtle Beach Need Help Filing for Divorce

SC Divorce AttorneyAlthough sometimes the end of a relationship is a practical matter, divorce proceedings are often filled with emotions, which can lead to heated arguments or vengeful actions. It is hard enough to end your marriage without worrying about the legal details of a divorce, but marriages are also legal partnerships, which means that divorces must be handled through a legal procedure.

To file for divorce in South Carolina, you or your spouse must be residents of the state for one year, or both of you together must have resided in the state for 3 months. If you are in the military, then you must meet the military’s length-of-time requirements. Generally, the court will not take action on your case until at least 2 months after you file for divorce, and will not grant a divorce until three months after you file, unless you have separated for one full year or file desertion.

Fault Versus No-Fault Divorces in South Carolina

About 3.4 marriages out of every 1,000 people in South Carolina, as of 2012, ends in divorce. The general statistic for marriages across the US is that half of them will end in divorce at some point, which seems to be generally true for people between the ages of 18 and 40.

In order to file for divorce without legal representation, you must meet certain criteria which many couples do not fit. First, you must have no children and none on the way with your spouse, or if you do have minor children, you must have come to an agreement about custody. You must also come to an agreement before filing for divorce regarding assets, property, businesses, and debt. Most couples file for divorce before coming to an agreement on these subjects, and because emotions run high during this time, it is difficult to negotiate these aspects of the marriage without legal help.

My Spouse and I Have Filed for Divorce, Now What?

If you and/or your spouse have filed for divorce in South Carolina and do not know what the next steps are, it is important that you find representation to gather necessary information about property and children in the marriage. The South Carolina divorce attorneys at the Strom Law Firm understand the state’s laws regarding both fault and no-fault divorce proceedings. Please call us today to schedule a consultation to discuss your potential divorce.