Preparing For a Divorce in Rock Hill
Let’s say you are facing the dissolution of your marriage in Rock Hill. Obviously, it’s a very stressful situation due to the emotional and mental stress caused by being in such a situation. In addition, there are logistical issues, as well as financial issues, to take into account. One of the first things that I recommend to anyone facing this situation is to try and make a list of their goals and realistic expectations of a perceived outcome.
Whether that be what kind of property and debt distribution the person may expect or perceive as fair, what kind of custody and visitation the person may want or expect, what kind of consequences and goals as far as custody, visitation and support of your children. A skilled attorney could help explain the nuances of this process and help prepare you for a divorce in Rock Hill.
Important Things to Understand About the Divorce Process
Another piece of advice to a potential client would be to basically gather and learn as much information as they can about their property, debts, income, and finances. I’ve had all too many clients whose spouses controlled the finances in the marriage, and they have no idea what they own, what they owe, how much money they make or how much money their spouse makes. So I would definitely say to get as much information as you can and determine if you can afford the financial and logistical consequences of going through divorce. Alimony is not always an option in South Carolina if you don’t meet several factors, and I find that if we do have an issue of alimony, people think that they’ll be entitled to a large sum, and aren’t prepared to take care of themselves if alimony is not awarded.
Basically, I would advise the potential client to really analyze their own situation and ask themselves: am I ready to end my marriage – both emotionally and financially? It might not be a deciding factor in whether or not they go through with the divorce or separation, but many people need to at least stop and think, “If I want this house, can I afford it, as well as the utilities?” I would advise a person to begin to plan and, if it appears to be an amicable situation, discuss options with their spouse regarding the division of property, who is going to take what and what is important to each party on a personal level. Of course, there will also need to be a discussion about assets and debts, including what kind of debts are in your name and the current payments in place.
Finally, if a client comes in and suspects their spouse of adultery, I usually would advise them to hire a private investigator to watch their spouse, which could be helpful to get proof of adultery before the other party is even alerted to the fact that you are on to them.
Bottom line: I would advise people to know their goals, stay realistic and gather as much information as they can about their finances and then begin to plan, get options and discuss them as far as the division of their property and debt.
Finalizing a Divorce in Rock Hill
It really depends on the case, but generally, the timeline can be anywhere between three months, in a best case situation, to close to a year. Technically speaking, if there is a fault-based divorce in Rock Hill, the court allows a party to finalize the divorce three months after filing. With a no-fault divorce based on one year’s continuous separation, a party must have already been separated for more than one year before they file for divorce. So in a best case scenario, if someone has been separated for more than one year, has already divided up their marital assets and has an agreement with their spouse, we can file the action, give the other party the required time to respond, schedule the matter before the court for a final hearing, and probably finish the entire process within a couple of months. South Carolina also requires that all family court matters are disposed of or completed within one year. Please note, however, that if a client is wishing to seek a no-fault divorce based upon separation, they are still entitled to seek a separate support and maintenance action at any time after being separated, and begin the process of settling the issues of their marriage.