Divorce is the termination of a marriage or marital union, thus dissolving the bonds of matrimony between a married couple. But what about the children and marital assets? What about retirement and bank accounts? The South Carolina Family Court is the proper venue to resolve issues of alimony (spousal support), child custody, child visitation, parenting time, child support, distribution of property, and division of debt.
Some couples are able to agree on complicated division of property and child custody issues but many couples are unable to find common ground. Child custody in South Carolina is never permanent as a change in circumstances may effect the current arrangement or court order. Usually the conduct of the child’s parent or parents will effect the best interest of the child.
According to The South Carolina Bar Association "In South Carolina there are five grounds for divorce: separation of the spouses for at least one year (the “no-fault divorce”), adultery, physical cruelty, habitual drunkenness (alcohol or narcotic drugs) and desertion. The proof needed to allow the court to grant a divorce on one of these five reasons depends on your circumstances. Testimony from a third party will probably be required. State law requires that a family court judge make a specific finding that reconciliation is not possible before the judge can grant a divorce.
In South Carolina, family courts handle all marital litigation. The family courts decide whether to grant a divorce, issues of custody and support (child support and alimony) and equitable division of marital property. Family courts can grant a request to allow a person to resume use of a maiden or previous name. Family courts also handle separation actions, which may include custody, visitation, support and division of property.
When you and your spouse have separated but do not have grounds for divorce, you can apply to the court for the right to live separate and apart. This is done through an action for “separate maintenance and support,” which is a claim for spousal support. If the court considers issues of alimony, child support or child custody at this time, it can also deal with equitable division of marital property. Separation officially begins on the day that the spouses no longer live together."
If you are facing the unfortunate reality of divorce or a parent seeking custody, visitation, child support, or the establishment of parental rights the Attorneys Travis Newton and Rame Campbell may be able to help you. Former 10th Circuit Deputy District Attorney Rame Campbell is an experienced Family Court Trial Lawyer that will fight for your interests and protect your marital assets. For a consultation call (864) 965-9148.