Divorce Lawyers in Charleston SC
Divorce lawyers in Charleston SC will tell you that a divorce is the dissolving of a marriage, resulting in the canceling of all legal responsibilities between the two people involved. This requires the action of a court of law, and intervention by the court, as well, in determining which legal responsibilities will continue in terms of support of children, support of ex-spouses, division of properties, and custody of offspring. While this is not the same thing as an annulment, which states that a marriage never happened, it does dissolve the union. There are several different kinds of divorce available, as divorce lawyers in Charleston SC will tell you.
No-Fault/At-Fault Divorce
According to divorce lawyers in Charleston SC, no-fault divorce is perhaps the least complicated procedure in divorce court. A couple can agree to file jointly for a no-fault divorce, or one member of the marriage can file for the divorce. The no-fault designation means that neither party is accused of any kind of wrong-doing. One spouse can go to the judge and testify that the marriage isn’t working, and be granted a divorce whether the other spouse agrees or not. The judge will not ask for any facts or details. At-fault divorce, on the other hand, requires substantial proof that one of the spouses has committed an act that is “incompatible” to marriage. Most countries still require proof of this type to grant divorce, but in the United States, every state has now approved no-fault divorce. If you wish to pursue an at-fault claim, be aware that it can, and probably will be, argued. You have to prove there has been no collusion with another party to cause the divorce. You’ll also have to prove that the other party has not approved the act that is caused the divorce proceedings, or that neither of you have been tricked into breaking the marriage trust. If both spouses are guilty of betraying the marriage, the judge decides who is less guilty. This is called “comparative rectitude”. Divorce lawyers in Charleston SC will tell you that at-fault divorces are nasty, expensive, and usually not worth the trouble, since the judge hardly ever refuses the divorce request.
Dealing with summary divorce with divorce lawyers in Charleston SC
Divorce Lawyers in Charleston SC can help you in the case of a simple or summary divorce. This is usually the case in marriages with few assets that have lasted less than five years. All properties must be under $35,000 in value (exclusive of cars). There also must be no mortgage to split up, and each spouse’s personal belongings must come in under $35,000, as well. Usually, there are no children in the marriage. If there are children, you can decide ahead of time who will have custody and who will pay child support. With these conditions, a summary divorce will be quickly executed by divorce lawyers in Charleston SC.
Collaborative Divorce with divorce lawyers in Charleston SC
Collaborative divorces can be negotiated for you by the divorce lawyers in Charleston SC. In collaborative divorce, you and your spouse will each meet with an attorney trained in mediation. The attorney may consult a financial advisor on your behalf. You will make your own decisions about the settlements in the divorce, but you’ll have the advice and support of professionals when you make your choices. In this way, you and your spouse can come to a supervised agreement on how to split up the assets of the marriage. The collaborative divorce, however, seems to have a good track record in ending marriages more amicably, because of the counseling involved. Attorneys who specialize in collaborative divorce say that it is less expensive than the other kinds of divorce. You avoid courts and court costs, plus the emotional strain is minimized, since there is collaboration occurring. They also say that, because of the communication that takes place, there are fewer misunderstandings between the parties, and less disagreement with the decisions rendered, thus, fewer trips into court to resolve differences. If, however, negotiations should break down, your attorney will not be able to represent you in court. All paperwork and documents are also precluded from court use, as well, unless both parties agree to allow then to be admitted. Divorce lawyers in Charleston SC are dedicated to the collaborative efforts and structured meetings necessary to successfully administer a collaborative divorce.
Legal Separation
Divorce lawyers in Charleston SC can also help you with the legal processes involved in legal separation. Legal separation does not always end in divorce. The couple may reconcile, or they may have religious or moral restraints concerning divorce. In a legal separation, official documents are filed stating who will take care of the children and how, which spouse will be responsible for each bill, and who will have control of various properties. In fact, usually the main reason to file for legal separation is to stabilize the financial aspect of the situation, and keep either spouse from being accused of desertion. Six states—Florida, Mississippi, Texas, Delaware, Georgia, and Pennsylvania—still do not recognize legal separation. If, after a period of legal separation, the couple decides to divorce, the divorce lawyers in Charleston SC will help them with their divorce filing.
Causes Of Divorce
Believe it or not, divorce lawyers in Charleston SC will tell you that the leading cause of divorce in the United States is not marital infidelity. It is poor communication. Perhaps the couple does not understand each others’ goals, or don’t agree on money issues. Differences in religion rate highly in the poor communication category. Other reasons for divorce include abuse, whether it is physical, emotional, or sexual. Approximately 15% of divorces are because of abuse. Alcoholism and abuse of drugs rates higher than marital infidelity, as well. Other causes of divorce are arguments over money and chores (again, communication), mental illness, and intellectual incompatibility. There are many reasons a couple may be driven to divorce, and divorce lawyers in Charleston SC can help you through the difficult process of dissolving a marriage.
Check out divorce lawyers in Charleston SC.
