Divorce

Trusted Columbia SC Divorce Attorneys

Going through a divorce is a stressful time. The emotional burden of separating from your spouse on top of dealing with the division of marital property, child custody & visitation, and many other factors can seem daunting. But, you don’t have to do it alone. Pozsik & Carpenter Law Firm has experienced divorce attorneys in Columbia SC to help you navigate the South Carolina legal process. We can provide valuable guidance and help you understand and protect your legal rights.

Grounds for Divorce: No Fault vs. Fault

To begin the divorce process in South Carolina, one spouse must file a complaint for divorce in the county where your spouse lives or where you live, if your spouse does not reside in South Carolina. If you both still live in the state, you may also file where you last lived together.

SC residency requirements apply: You or your spouse must have been a resident of South Carolina for at least one year. If both of you live in South Carolina, you must both have lived here for at least three months.

In South Carolina, you can file for divorce based on five grounds.  These include a single, no fault, ground that applies if you and your spouse have been living separate and apart for one year and four additional fault grounds:

  • Adultery
  • Physical cruelty
  • Desertion for more than one year
  • Habitual drunkenness
  • Habitual use of drugs

Equitable Division of Property

Through the legal action of divorce, spouses will have to determine equitable division of property. This includes dividing homes, cars, household belongings, bank accounts, retirement accounts, and debt, etc. Equitable division or equitable distribution of marital property does not necessarily mean a 50-50 split. Marital debt will also be equitably divided among the spouses.

Divorce Between Spouses with Children

If children are involved, spouses will need to determine issues of custody, visitation, and child support. Click here for more information about issues involving: Child Custody, Visitation, and Child Support.

Alimony

Lastly, one spouse may be entitled to receive or may be ordered to pay alimony (needs based spousal support payment) to their soon to be ex-spouse. 

What to Expect

First, we ask our clients “what are your goals in litigation.” Once we know a client’s goals, together we’ll devise a game plan to get our client’s their desired end result. As you can see, there are a number of issues involved in the legal action of divorce. Selecting the right attorney is important. You need to have a partnership with an attorney that will ensure your best interests are served and fought to protect.  

Contact our Divorce Attorneys in Columbia SC

We encourage you to give our divorce attorneys in Columbia SC a call. A consultation will allow us to begin the process of achieving your goals in litigation. Let’s help you move toward a happier tomorrow.  

Highly recommended for any family law, adoption, or divorce needs you have in the Columbia, SC area. Josh Pozsik has the reputation of being an honest and trustworthy attorney, and has had a lot of success helping his clients through difficult times. Patrick O.

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