Charleston Divorce Attorneys
Divorce is a difficult decision, and the legal process only makes things more complicated. The most important thing is that you ensure your rights are protected throughout the divorce, leaving you in the best possible position to move forward.
The divorce attorneys of Query Sautter & Associates assist clients throughout every step of the divorce process. We ensure everything is properly addressed and resolved in the most efficient and effective manner possible. If you are facing a possible divorce, please consult with a member of our team today.
Resolving Issues in a South Carolina Divorce
Resolving issues in a South Carolina divorce involves several key steps, each designed to protect the rights and interests of both parties while ensuring a fair and equitable outcome. Our lawyers can navigate the entire process.
Filing for Divorce
One spouse initiates the divorce process by filing a Complaint for Divorce with the appropriate South Carolina court. Grounds for divorce may be either “no-fault,” based on separation for at least one year, or “fault-based,” which requires specific allegations of misconduct.
Negotiation and Mediation
Each spouse’s attorney will engage in negotiations to reach agreements on key issues like property division, alimony, child custody, and support. Mediation might be necessary, which is a facilitated process where a neutral third party helps guide discussions and facilitate compromise. If the parties can reach agreements on the following matters, the case might remain out of court.
- Parenting plan and custody agreement - If the divorcing couple has children, they must create a parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities. The court reviews and approves this plan to ensure it is in the best interests of the child.
- Property division - South Carolina follows equitable distribution laws, which aim to divide marital property fairly, though not necessarily equally. Factors like each spouse’s contributions, earning capacity, and overall financial situation are considered.
- Alimony or spousal support - The court may award alimony to a financially dependent spouse based on factors like the duration of the marriage, the financial resources of each party, and their respective contributions to the marriage.
- Child support - The court calculates child support based on established guidelines, taking into account factors like income, number of children, and custody arrangements.
If all issues are resolved, we can draft a formal agreement, detailing the terms of the divorce settlement. The court reviews the agreement and, if satisfied, issues a final decree of divorce.
If no out-of-court agreement can be reached on one or more issues, the case will need to go to court for a judge to rule on the disputed matters. Our skilled divorce litigators know how to protect our clients’ rights in court.
Our Charleston Divorce Attorneys Will Stand Up for You
Navigating a divorce in South Carolina can be complex, and seeking guidance from our experienced divorce attorneys is crucial. We can provide legal advice, help negotiate fair settlements, and represent your interests throughout the process, including in litigation when necessary. To learn more about how Query Sautter & Associates can help, contact us today.