Divorce becomes necessary when a person feels they can no longer live
in relationship with their spouse.
The decision to file for divorce is never an easy one. The legal
process can be accompanied by feelings of frustration, anger, hurt, and
confusion. However, having an experienced, sympathetic family law
advocate by your side can ensure that the process runs as smoothly as
At Upstate Law Group, LLC, we know that this is a difficult time for
any family. A divorce lawyer from our firm will help ensure that your
parental and financial rights are protected. We can help you address
issues during the separation period that may affect the terms of your
final divorce. Our firm offers comprehensive family law representation for
clients throughout the upstate area.
We can also
assist you with the other critical issues that are involved with the
dissolution of a marriage, such as child
custody, spousal and child
support, and changes to estate planning and
Contact the experienced staff at Upstate Law Group, LLC to get the guidance you need
through this difficult time.
Exploring your Options
Your first meeting may be to learn what is needed if you decide to
proceed with a divorce. At this point there is no obligation to
continue. For a nominal fee, will take the time to inform you of your options and
ensure that you have a thorough understanding of the process. If you
choose to proceed with divorce we can assist you with protecting
your assets and in filing the required documentation.
Planning your Divorce
Upstate Law Group, LLC can assist you with preparing to
start this difficult and emotional process. We will use our
knowledge to assist in safeguarding you, your children, and your
assets through the separation period until a final hearing.
We can help by reviewing your situation and giving advice before
you've even made your intentions for divorce fully known to your spouse. This aids
in ensuring as smooth a transition for you as possible.
When both parties agree on the terms of the divorce then we can help you formalize
a final agreement. An uncontested
divorce can only happen under certain circumstances. For instance, the filing party must
be a SC resident for at least a year, unless both spouses live in SC and then
only 3 months are required. The grounds for divorce must be no-fault, which means living
separate and apart for at least one year. The parties
must either have no marital property, or have reached an agreement as to the
division of material property and debt. They also must have reached an agreement regarding their minor children
that meets all the minimum requirements of the South Carolina Child Support
Guidelines. Although certainly more
straight forward than a contested divorce, this is by no means a simple process
and should be undertaken with the experience and guidance of quality legal
counsel such as that offered by Upstate Law Group, LLC.
Alimony can relate to an agreement between separated couples where one spouse pays
money as support to the other. In
In South Carolina, alimony can bo one of the most complicated aspects of Family Law.
There are 13 different factors that
go into an alimony calculation by the court. South Carolina is also considered to be
quite liberal when it comes to alimony, and may allow a person to receive a generous amount of money on a permanent, periodic
basis. SC law supports that a person
has a responsibility to support their spouse. Because of these factors, it is highly advisable that
you seek qualified legal counse when negotiating for or against alimony.
Typically courts require that assets be divided
according to what is known as equitable distribution. When it comes to
dividing a family's finances, there are often issues as to what
qualifies as marital property for purposes of division under these
guidelines. We can help you understand what the court may and may not
consider marital property.
Failure to abide by the Court-mandated terms of a divorce decree can result in
charges of Contempt of Court. This can include failure to pay child support,
violations of the visitation agreement, violations of restraining orders or
failure to timely pay other items required by the Court in an Order.
If you have reason to fear that your spouse or child's parent might harm
you or your children, attorneys at the Upstate Law Group have experience helping
clients meet with law enforcement and the courts. We can help you obtain
Orders of Protection, Trespassing Orders, and other documents necessary to
legally prevent your spouse or child's parent from harassing you or your
children at your home, school, or on the job.
The information you obtain at this site is not, nor is it intended to be, legal
advice. You should consult an attorney for advice regarding your individual
situation. We invite you to contact us and welcome your calls, letters and
electronic mail. Contacting us does not create an attorney-client relationship.
Please do not send any confidential or time-sensitive information to us until such time as an
attorney-client relationship has been established.