Divorce

Divorce becomes necessary when a person feels they can no longer live 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 attorney by your side can ensure that the process runs as smoothly as possible.

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 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 probate.

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.  We 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 agreement until the final hearing.  We can help by reviewing your situation and giving advice before you've even made your intentions to divorce known.  This aids in ensuring as smooth a transition for you as possible.

Uncontested Divorce
When both parties agree on the terms of the divorce then we can help you formalize the 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
Alimony relates to an agreement between separated couples where one spouse pays money as support to the other. In South Carolina it is 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 liberal when it comes to alimony, and may allow a person to receive a generous amount of money on a permanent 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 counsel, like that offered by the Upstate Law Group, LLC, when negotiating for alimony.

Property Division
Typically courts require that assets be divided according to what is known as equitable distribution. When it comes to dividing the 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 will and won't consider being marital property.    ...more

Contempt
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. 

Physical Abuse/Stalking
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 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.