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Best Divorce Attorney In Charleston Sc

Important Advice About Your Children During Your Divorce

South Carolina lawyers wife reportedly saw divorce attorney before murder l GMA
Stephan Futeral explains why it is so important that you keep your children out of the middle of any conflicts.

Children caught in the middle of a divorce are so vulnerable and can suffer long-lasting harm. Our divorce lawyers are especially sensitive about how important it is to minimize the impact your divorce may have on your kids. Contact us to learn how we work to protect you and your children.

Mediation Is Required By South Carolina Law Before A Divorce Occurs

The truth about divorce is that it does not always have to be a knock-down, dragged-out affair.

Mediation allows our lawyers to help facilitate peaceful negotiations between you and your spouse, so you can achieve a resolution that works for both of you.

Mediation is mandatory in South Carolina, and when it is successful, both spouses can make definitive decisions about their finances, children, and other household needs without he court becoming involved or dictating the terms of their divorce.

However, spouses are not required to reach an agreement during the mediation process. If you have tried mediation and it was unsuccessful, and you would like to litigate your case inside the courtroom, our experienced divorce attorneys in Charleston will lead the way, so you can pursue the best outcome available for your unique case.

People Turn To Us When

Clients routinely turn to Templeton Mims & Ward for many reasons related to family law, but some of the most common reasons are when they want:

  • To modify child visitation agreements
  • To adopt a child
  • To change their name

If youre considering any of the above or have another need related to family law, give us a call. Lets schedule a consultation and from there we can decide the next best steps.

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Family Law Attorney In Charleston Sc

If youve decided to file for divorce in Charleston, we know that your decision hasnt come easy. It is important to get proper counsel, so that you can take your next steps with confidence. Lauren Taylor, an experienced divorce attorney serving Charleston residents, offers counsel for anyone going through a divorce.

If youre about to file for divorce, you need to know what to expect and what you have a right to request. You probably have a lot of questions, and an attorney can answer them for you. Call Charleston divorce lawyer Lauren Taylor today at 843-790-9009.

Procedure Duration And Cost

Melissa F. Brown

How do I get a divorce in South Carolina?

This can be achieved after filing the necessary court documents and then having a judge issue a decree. Once you are married, only a judge can declare you otherwise. Most of the time, you must be separated for a full year before this can be granted. If, however, you can prove adultery, habitual drug or alcohol use, or physical abuse, then you can obtain one sooner. A lawyer is best able to advise you on your options and course of action.

How long does it take to get divorced?

There are two main types in South Carolina:

  • At-fault type occurs when one party is responsible for the breakup of the marriage because of adultery, habitual drunkenness, or physical abuse. These can take as little as 3 months.
  • No-fault type takes at least a year because the law requires the parties to be separated a full year before one is granted.

How much does it cost for a South Carolina divorce?

Read Also: What Happens If You Don’t Pay Alimony

Do Both Sides Need To Find A Divorce Lawyer

If both spouses are on speaking terms and being relatively fair-minded and pleasant with one another, a single divorce lawyer may be able to help them navigate their divorce proceedings. This may be the case for several no-fault divorces.

However, in instances where a fault is established, or combative divorce proceedings are expected to take place, it is highly advised that both spouses hire a skilled divorce lawyer to represent their best interests. Not only can a negotiation between professional legal counsel lead to a much more streamlined process, but this method may also remove some of the emotions associated with painful divorce proceedings.

What Is A Divorce Attorney

Protecting the rights of their client, together with the custody and financial aspects, a divorce attorney will explain the available legal options. They should also listen to the clients view of their situation and their objectives, then give advice based on their specific needs.

The legal process of any separation or dissolving a marriage is complicated, and can be time-consuming, emotionally draining, and can take up to a year to resolve. Although you dont have to have a lawyer to get divorced, it could lead to problems, especially if your spouse has one.

In the United States separation comes under state law, and every state has its own established grounds. South Carolina allows fault based and no-fault divorce. However, where we differ from some other states is that parties must be separated for a full year before a no-fault is granted. Charleston follows the SC state law.

Also Check: How Is Alimony Calculated In Pa

Can One Divorce Attorney Represent Both Parties In An Uncontested Divorce

One divorce attorney cant represent both the husband and the wife. In 1981, the South Carolina Bars Ethics Advisory Committee issued an opinion stating: The position of the in a divorce action are inherently adversary. We conclude that an attorney could and should not represent both.

Even though we cant represent both spouses in a divorce, we can give advice to the spouse that hires us and we can prepare an agreement according to that spouses wishes. We will send the agreement to the other spouse and ask if that spouse proposes that anything is changed. We will not provide any advice or substantive representations to the other spouse, except that we will encourage that spouse to have the agreement reviewed by his or her own lawyer. Otherwise, we deal with the pro se spouse fairly and professionally. After all, we want your divorce to remain uncontested.

How Much Does An Uncontested Divorce Cost

Dale Savage Law Firm | Charleston, South Carolina Criminal Defense Attorney

Weve seen posters on telephone poles advertising uncontested divorces in Charleston, South Carolina for $150.00 even when there are children involved. Knowing the filing fee in family court costs this much, we were curious how any lawyer could advertise this fee for their services. So, we called the number and visited their website to find out more. As it turns out, this advertiser was NOT a law firm nor were they lawyers. Instead, these advertisers are non-lawyers who are charging people for the divorce forms and paperwork that are already FREE online from the South Carolina Judiciary including instructions. As written on one website, in fine print, We are not attorneys, nor do we portray to be. All parties are pro se and clients will file any and all court documents as pro se. We do not offer or provide any legal advice,opinions,conclusions, persuasions or otherwise. The services provided are only administrative and of a clerical nature . . . .

We charge by the hour for our services. If your divorce is uncontested, we plan to keep it that way and to keep your hourly fees down to a minimum!

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What Are Alternatives To Divorce

Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn’t legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.

An annulment, on the other hand, has the same legal effect as a divorce but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.

Tips On Approaching An Initial Attorney Consultation

  • Use the consultation as a means of gaining a better understanding of your legal situation.
  • Ask the attorney how many cases similar to yours he/she has handled. An attorneys experience and knowledge can speak to their expertise in addressing your situation.
  • Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
  • Determine how comfortable you are working with the lawyer and/or law firm.

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Best Divorce Lawyers In Charleston Sc

Expert recommended Top 3 Divorce Lawyers in Charleston, South Carolina. All of our divorce lawyers actually face a rigorous 50-Point Inspection, which includes customer reviews, history, complaints, ratings, satisfaction, trust, cost and general excellence. You deserve only the best!

KENNETH E. PECK- THE PECK LAW FIRM

49 Archdale Street, Suite 2C, Charleston, SC 29401DIRECTIONS

Since 1979

Heres The Deal:Kenneth Peck has practiced law for more than 30 years giving personal attention and exceptional legal services to each person that needs help. He is actively involved, serving the community locally and in Washington, D.C. He will leverage his extensive experience as a divorce attorney for your benefit. He has worked in large firms but chose to practice in a smaller firm to give exceptional legal services and personal attention to each client who needs help. As a family law and divorce attorney, Ken Peck has helped many people facing some of the most important decisions of their lives. The Peck Law Firm Team provides personal service from the experienced divorce lawyer, supported by the collective skill and wisdom of a team of family law attorneys and support staff who will always look out for your best interest. They provide free phone or zoom consultation. They serve in Charleston, Mt. Pleasant, and Summerville.

The Post and Courier Charleston’s Choice Winner- 2016 to 2021

GREGORY S. FORMAN- GREGORY S. FORMAN, P.C.

Since 1993

Since 1991

How To Find A Divorce Lawyer

Megan Hunt Dell

Attorneys aren’t needed for every divorce, but in many cases, legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it is often a good idea to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings.

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Child Support Laws In South Carolina

South Carolina, like many other states, use a formula to determine a suggested amount of child support one parent should pay the other. The formula takes into consideration multiple elements that play into the final amount of ordered support, including the parents incomes, the children from the marriage as well as children from other relationships, and other needs, such as daycare costs.

Alimony Laws In South Carolina

As previously stated, the court determines an order for alimony based on several factors. Theyre similar to those considered when dividing debts and assets upon commencement of a divorce. Please note that the spouse who committed adultery is not eligible to receive alimony. A child support order and an order for alimony can both be modified. A change of order should be filed when a spouses financial circumstances change for better or for worse. In South Carolina, courts may order different kinds of alimony. This is depending on your particular situation. Sometimes the option for permanent alimony is selected to be paid over a period of time. It will end if either the spouse dies or remarries. There is also a lump sum alimony, which can be paid in one or multiple payments. It cannot be modified. Two forms of alimony include rehabilitative alimony and reimbursement alimony.

Also Check: How Long Do You Get Alimony

Our Divorce & Family Law Services In Charleston

Heres a list of some of the things we do as family law attorneys serving Charleston, Mt. Pleasant, and the surrounding areas. If you need us for any of the following, then contact us today.

  • Child custody & support
  • Spousal Support
  • Our goal is to make sure that whether you are receiving or paying, your alimony is the fairest amount possible under South Carolina law.
  • Distribution of Marital Property
  • under South Carolinas family laws. No matter how simple or complicated your finances and properties may be, we will help you reach an equitable distribution.
  • prenuptial agreements
  • Our lawyers have the knowledge and the skill to prepare or to negotiate the best prenuptial agreement for you.
  • How Are Marital Assets Divided

    Divorce Court – Carl vs. Yolanda: Discipline – Season 14 Episode 98
    • The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.

      Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it’s typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.

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    What Our Clients Say

    EMILYS STYLE IS EXEMPLARY AND REASSURING!

    Now that my divorce is complete, I must tell you that Working with you guys has been a real pleasure, Emilys style is exemplary and reassuring. I almost regret that I do not need your services any more. If you need me for reference, please dont hesitate to ask. Warmest regards, cheers, and salutations.

    Dan

    Resolve Your Matter Through Mediation

    In addition to traditional divorce and trial representation, Emily G. Johnston is a certified family law mediator. She receives frequent referrals from other attorneys who know she can assist couples in an impartial way to solve problems. Ms. Johnston believes in cooperative and alternative dispute resolution if they are right for your situation.

    A Fighter On Your SideAs a cancer survivor, Ms. Johnston knows that life can come at you and change your situation in a moment. She is prepared to fight for her clients facing difficult life changes for themselves and their families.

    Emily G. Johnston Holds an MBAHaving an attorney with an MBA is an unusual advantage of someone who has extra skills with numbers and the business understanding for asset evaluations.

    Read more about Emily in recent Charleston Style & Design article

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    Skilled Spousal Support Attorneys In Charleston South Carolina

    Alimony / Spousal Support in South Carolina is not a foregone conclusion after a divorce. Many factors will determine whether you are awarded alimony or are ordered to pay alimony, and each is weighted by differentiating needs.

    Our spousal support lawyers in Charleston will determine what type of alimony you are eligible for based on the length of your marriage, your educational background, employment history, and the standard of living you enjoyed during the marriage.

    Alimony in South Carolina can be awarded in many ways, including in a lump sum or periodic payments, or as rehabilitative or reimbursement spousal support.

    We can also petition the court for separate maintenance and support where the courts may make an order for one spouse to pay the other while they no longer live together, up to or after a divorce.

    Tips On Hiring An Experienced Lawyer With Divorce Cases

    South Carolina Divorce Lawyers for Men

    The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers whove been practicing law for many years tend to be in high demand. You should look for information about a lawyers experience and ask questions during the initial meeting. Its a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

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    Does It Matter Which State I File For Divorce In

    When active members of the military wish to divorce, the first question that must be answered is what state will have jurisdiction over the proceedings. This is a crucial decision because almost all the important issues, such as property division and child custody, will be governed by the statutes of that state.

    In South Carolina, residents may file for divorce in our state if one of the spouses is a resident of or is currently stationed in the state. If the spouses are both active military members and are stationed at different bases, the matter can get exceedingly complicated.

    Some military members who are stationed overseas may wish to file in the country they are located, due to the promises of a speedy and cost-effective resolution. However, it is important to note thatU.S. courts may not honor the terms of a foreign divorce, particularly in matters of a retirement pay division order.

    If you are seeking to file for divorce in South Carolina, our experienced military divorce lawyer in Charleston can describe in detail how our state’s laws will impact your proceedings. Shaw Law Firm, LLC can also provide the assertive representation you need if your spouse wishes to file elsewhere. Call our lawyer to learn how to file for a military divorce in South Carolina.

    Our Charleston attorney is honored to assist military clients at Charleston Naval Base and surrounding communities. Call to schedule your consultation with a military divorce lawyer near you.

    Divorce

    Knowledgeable Charleston Property Division Lawyers

    At David W. Martin Law Group, our property division lawyers have a firm grasp on what assets can be included in your divorce, and how we can have them awarded or protected during your divorce proceedings.

    We also know that your financial independence is going to be a large part of how your future looks, and we want to help provide the best outcome available for your unique circumstances.

    Several aspects will dictate which assets you gain from a divorce, and they will be considered in part by the reason why you are getting divorced. Whether your divorce was caused by fault or if it was a mutual agreement to depart could change the landscape of your property division award.

    Also Check: Military Divorce Lawyers San Antonio

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