McDougall Self Currence McLeod offers these answers to frequently asked questions about family law in order to prepare clients for consultations or strategic discussions. The firm hopes prospective clients use this cursory information to orient themselves within the legal landscape of divorce, child custody and support, and other family law matters. Use this page to get a general understanding of South Carolina family law, but keep in mind that nothing replaces speaking to one of the firm's attorneys about your unique situation.
I just moved to South Carolina. Can I still divorce here?
Yes, if you or your spouse are a resident for one year, or if you are both residents of three months.
Can I file for a no-fault-based divorce in South Carolina?
Yes, you don't have to lay blame if you don't want to do so. Living apart and separate for a year is enough to file a no-fault divorce.
Can I keep the home or car I owned before I married?
South Carolina treats property owned prior to marriage as separate property or non-marital property. Talk to the firm to make sure what assets are which, and remember, a fault-based divorce may skew equitable division in favor of one spouse over another.
How does the court determine alimony?
In South Carolina, the court looks at many factors, including the duration and facts of the marriage, what each spouse contributed to the marriage and why the marriage is ending.
How can I get child custody?
You can work out an arrangement with your spouse to share visitation, or the court determines what is in the best interest of the child or children.
How do I get my former spouse to pay child support?
Our firm works closely with you to make sure that we address child support matters during your divorce. If your ex-spouse fails to comply with the divorce decree, the firm helps you seek enforcement from the court.
What do I do if I can't afford my child support anymore?
The firm represents parents in modifications, too. Staying compliant with your divorce decree is important. We can help you find a solution.
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