Experienced Family Law Attorney in Moncks Corner, SC
Divorce Cases in South Carolina
Whether you are facing a divorce or fighting for custody of your children, Family Law can be the most emotionally charged and draining arenas of litigation. Couple that with a complicated and daunting system of legal procedure, and your Family Law matter can be one of the most challenging and difficult times of your life. South Carolina Code § 20-3-10, provides four fault grounds for divorce in South Carolina. They are adultery, habitual drunkenness (which includes drug abuse), physical cruelty, and desertion. There is also one “no fault” ground for divorce, which is that you and your spouse have been continuously separated for a minimum of one year. During that time, you cannot have reconciled with your spouse, evenly briefly, or the clock resets.
If your marital relationship hasn’t involved one of the above fault grounds and you haven’t been separated for a year, you can still seek relief from the Family Court. Through an action called Separate Support and Maintenance, you can ask the Court to issue an order allowing you to live separate and apart from your spouse as though unmarried. During your Separate Support and Maintenance case, you can settle all issues involved in the dissolution of your marriage, including but not limited to child custody and visitation and equitable distribution of your marital assets and debts.
Child Custody Cases
Child custody is broken down into two major categories — physical custody and legal custody. Physical custody means who your children will live with primarily, and who will have parenting time with your children. Legal custody is decision-making. Generally, the Courts look at four decision-making areas—medical and health decisions; educational decisions, religious and spiritual decisions; and decisions regarding extracurricular activities. Both physical and legal custody can be solely awarded to one parent, or jointly awarded to one parent. Even if sole custody is awarded to one parent, the Court will want your children to have a healthy, active relationship with each parent. Keep in mind that the Court will make all decisions regarding your children with their best interests in mind. Not your interests. Not the other sides. This can be a difficult thing for many litigants to reconcile in their own minds.
Does this all sound complicated? It is.
The Law Office of Martin G. Murphy, Jr., is a Trusted Family Law Firm
As mentioned above, you have to couple this with the complex Court Rules you will be dealing with during your case. For the most part, your matter will be governed by statutory law, case law, the South Carolina Rules of Civil Procedure, the South Carolina Family Court Rules, and the South Carolina Rules of Evidence.
You’re going to have to make numerous procedural decisions during your case. When should I file? How do I file? Does the other side get to respond? I need evidence from the other side. How do I get it? What evidence is the other side going to use against me in Court? How will I know?
This isn’t something you want to take on alone.
Worse yet, you don’t want to try it on your own and find yourself up against a lawyer on the other side. You need an experienced Family Law attorney to help you successfully navigate the Court system to the best possible outcome for you and your children. Your divorce, your child custody battle is not going to be an easy time. It might easily be the most difficult thing you ever go through. We can get you through it. We can fight hard for you and represent your interests toward the best possible outcome, considering the difficult circumstances.
If you want to learn more call The Law Office of Martin G. Murphy, Jr., at (843) 809-0232.
At The Law Office of Martin G. Murphy, Jr., we are here to help you with your Family Law matter.
