Charleston Divorce Lawyers | Martin Murphy Law

No one anticipates getting divorced when they first marry, but both people and circumstances change. At Martin Murphy Law LLC, we understand that simply meeting with one of our compassionate Charleston divorce lawyer about the process is a difficult and emotional decision. Don’t be afraid to schedule a confidential divorce consultation with our experienced Moncks Corner family lawyer serving the Tri-County area today by calling (843) 809-0232 or connecting with us online.

Options for Filing for Divorce in South Carolina

South Carolina has relatively traditional divorce laws requiring couples to prove they qualify to divorce. Consider the following legal requirements and grounds for divorce in Charleston:

Residency

You might qualify to file for divorce in South Carolina if you and your spouse have lived in the state for at least three months. If your spouse lives in another state, you must have lived in S.C. for at least one year before you’re eligible to file for divorce in South Carolina. Exceptions exist, however, if you’re the victim of domestic violence.

No-Fault Divorce

You won’t find this exact term in the South Carolina code, but it refers to a divorce granted because you’ve lived completely separate and apart from your spouse for at least one year (S.C. Code § 20-3-10(5)). You do not have to prove anything else to obtain a divorce on this ground, and it functions as the South Carolina ‘no-fault’ divorce option. Our experienced Moncks Corner no-fault divorce lawyer might help you obtain a less contentious divorce order in these cases.

Fault-Based Divorce

Proving marital fault may result in more favorable child custody, alimony, and marital property distribution orders. It could also result in a quicker divorce, as there is no mandatory legal separation period. South Carolina recognizes the following ‘fault-based’ grounds for divorce (S.C. Code § 20-3-10):

Adultery: Defined as having a sexual relationship with someone other than your spouse.
Abandonment: Deserting your spouse without cause or permission for at least one year.
Physical Cruelty: Often requires a serious physical injury or multiple instances of physical or sexual abuse. Unfortunately, South Carolina law does not allow for divorce on emotional and mental abuse grounds.
Habitual Drunkenness or Drug Abuse: Requires your attorney to prove that your spouse is an alcoholic or drug addict, not just a casual user.

Taking the no-fault road isn’t always in the best interest of your family. If your spouse engaged in unacceptable marital conduct, discuss your options for obtaining a fault-based divorce with our experienced Charleston divorce lawyer.

Distributing Marital Property and Obtaining Alimony During Moncks Corner Divorce Proceedings

Divorce proceedings often require the parties to negotiate marital property settlements, if possible. This includes categorizing certain property as separate or marital and determining how that property should be distributed in the final divorce order. Our experienced Moncks Corner certified family mediators offer both neutral negotiation services and dedicated individual representation during property distribution, child custody, and alimony proceedings.

Trusted Divorce Attorney for Charleston, S.C.

We do not press our clients to divorce at Martin Murphy Law LLC. Instead, we want to help you understand your rights and make the best decision for you and your family. Whether this means filing for divorce or legal separation, confidentially discuss your domestic rights with our experienced Moncks Corner family lawyer serving the Tri-County area today by calling (843) 809-0232 or connecting with us online.