Divorce is more than just the legal dissolution of a marriage; it involves a multitude of other intricate issues. From asset division and debt settlement to child support, custody, and alimony, the complexities of divorce can have far-reaching consequences. Attempting to navigate this labyrinth alone can lead to unfavorable outcomes that may have devastating long-term effects. To effectively litigate your case, you need experienced and passionate representation.
A competent divorce attorney in Lexington not only helps you navigate the legal aspects of divorce but also understands that the decisions made during this process have deeply personal ramifications. In family court, it is crucial to consider the human cost. Every strategic choice made while litigating a case can have lasting personal consequences, especially when it comes to child custody, support, and financial matters. It is a journey that should not be undertaken alone.
In South Carolina, as in other states, there are two paths to obtain a divorce: fault grounds and a no-fault ground. South Carolina Law outlines four fault grounds, including adultery, habitual drunkenness or narcotics abuse, physical cruelty, and one year’s desertion. When pursuing a fault-based divorce, the petitioner must prove that their spouse’s behavior falls under one of these categories. The responding spouse can contest the allegations and present evidence to the contrary. However, the more common route is the no-fault approach. In a no-fault situation, the party seeking the divorce only needs to prove that they have been separated from their spouse for at least one year without reconciliation or cohabitation, and that the marriage is beyond repair.
Child Support: Ensuring the Well-being of Your Child
According to South Carolina law, every parent is legally obligated to provide financial support to their child, either while the child is in their custody or through child support if they are not living together. Requesting child support involves considering several factors, such as establishing parentage, determining the amount of support required, the existence of an open family court case, or the receiving party’s eligibility for public assistance.
Calculating the amount of child support owed by a noncustodial parent in South Carolina depends on various factors. These factors include the incomes of both parents, whether alimony is being paid, the number of other biological children in the household, any necessary health insurance or childcare costs, and certain medical expenses.
Exploring Alimony Options Under South Carolina Law
South Carolina law recognizes four types of alimony:
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Periodic Alimony: This is the most common form of alimony, where a predetermined amount is typically paid on a monthly basis. However, it terminates if the supported spouse remarries or cohabitates with another partner.
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Lump-sum Alimony: In this type of alimony, a fixed payment is made either as a single installment or scheduled installments. Unlike periodic alimony, lump-sum alimony is non-modifiable.
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Rehabilitative Alimony: Designed to support the completion of job training or education to enhance the supported spouse’s earning potential, rehabilitative alimony is paid either in one installment or scheduled installments. It usually has a specific duration ordered by the court.
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Reimbursement Alimony: This form of alimony aims to reimburse a spouse who invested in the other spouse’s education or business, particularly when the expected benefits of the investment are no longer attainable due to separation or divorce. Reimbursement alimony can be paid in a single installment or scheduled installments.
Trust the Expertise of a Lexington Family Law Attorney
When facing the complexities of divorce, it is essential to have a knowledgeable and compassionate legal team by your side. Garrity Traina, LLC offers years of experience in family law and can provide the guidance you need. If you have any family law questions or require assistance, contact our Lexington office at (803) 785-4529.
