300+ Google Reviews
Divorce can be one of the most complex and discomforting procedures that people go through in their lives. Even if both parties agree that splitting up would be best for them, ensuring an enforceable and equitable agreement may be challenging.
Securing a positive resolution to any separation requires help from a Schiller & Hamilton family attorney who has the skills needed to protect your best interests. From beginning to end, a dedicated Beaufort divorce lawyer could guide you through necessary legal proceedings, protect your rights, and work tenaciously to secure a favorable result based on your needs.
Fault Versus No-Fault Approaches in Beaufort
Unlike many other states which have abolished “fault-based” approaches to divorce in favor of unconditional “no-fault” proceedings, South Carolina still recognizes both types of separation and allows residents to pursue either variety as they prefer. Under state law, there are four grounds a resident may name as a valid reason for a fault-based divorce: physical cruelty, adultery, habitual intoxication, and abandonment.
“No-fault” is technically the fifth ground on which a petitioning person may base their complaint, but unlike the other grounds, it does not require one of the parties to blame the other for specific actions warranting a separation. Instead, the parties must live separately from each other for a minimum of one year, and after the one year has ended, either party may affirm that the marriage has broken down completely with no hope of reconciliation. A confident attorney who focuses on dissolving marriages could assist filing for either type of approach.
What is the “Simple Divorce” Process?
People who meet certain criteria are eligible to file for a “simple divorce,” which could streamline the legal separation process by a great deal and result in a quicker outcome. The criteria for this are as follows:
- At least one party has lived in state for one or more years, or both parties have lived in the state for three or more months
- It is based on “no-fault” grounds following the required year of physical separation between the two parties
- The two parties have reached an equitable agreement about the division of marital property and debt, or there is no marital property or debt to divide
- The two parties have reached an equitable agreement about child custody, support, and visitation, or the parties are childless and neither party is pregnant at the time of filing
Even though this type of divorce is deemed “simple,” there is still a large amount of paperwork to file during it, which an accomplished separation lawyer could help collect, complete, and submit in a timely fashion. Individuals who are not eligible for “simple divorce” could profit by speaking with legal counsel as soon as possible to determine what steps they should take.
Speak with a Beaufort Separation Attorney Today
Even in its simplest form, divorce in is often a mentally tolling and time-consuming process that tests the patience and emotional fortitude of everyone involved. Having compassionate legal representation during this process may be key to pursuing a preferable outcome and ensuring these proceedings do not exhaust you or compromise your rights and interests as a result.
Once retained, a Beaufort divorce lawyer could be your steadfast ally throughout every aspect of dissolving your marriage. Schedule a private consultation with a Schiller & Hamilton attorney today.