Divorcing after a long-term marriage brings a distinct set of challenges. From dividing decades’ worth of marital property to determining appropriate spousal support, these cases often require a detailed and thoughtful legal approach. At Sarah Henry Law, we guide clients through the divorce process in Greenville, South Carolina, ensuring every right is protected and every issue—no matter how complex—is addressed with care.
Whether your divorce involves child custody concerns, retirement benefits, or questions of separate maintenance, our experienced attorneys offer support rooted in compassion and deep knowledge of South Carolina family law.
Divorce in South Carolina After a Long-Term Marriage
In South Carolina, divorce laws apply equally regardless of the duration of a marriage. However, the longer the union, the more entangled your lives—and assets—typically become. For couples who have shared decades of marriage, the divorce process can involve emotional and legal complexities, including:
- Determining the division of marital property and vested retirement benefits
- Establishing fair spousal support or alimony payments
- Evaluating child custody arrangements when children are still minors
- Filing appropriate divorce papers, especially for no fault divorce cases
Whether you are seeking an uncontested divorce or a more involved proceeding, our attorneys work to safeguard your financial future and emotional well-being.
Grounds for Divorce in South Carolina
There are two general types of divorce in South Carolina: no fault divorce and fault based divorce. The type of divorce you pursue can significantly impact how property and support are handled.
No Fault Divorce
To file for a no fault divorce, the spouses must have lived separately without cohabitation for at least one continuous year. No fault divorce is often less contentious and focuses on resolving issues such as support, child custody, and equitable distribution.
Fault Based Divorce
South Carolina recognizes four fault based grounds:
- Adultery
- Physical cruelty
- Habitual drunkenness
- Desertion (though rarely used)
Filing based on one of these grounds may affect alimony decisions, custody determinations, and how property is divided.
Marital Property and Equitable Distribution
One of the most important aspects of divorcing after a long-term marriage is dividing marital property. In South Carolina, courts follow the principle of equitable distribution—meaning assets are divided fairly, though not necessarily equally.
Marital property includes:
- The family home
- Joint savings and checking accounts
- Retirement benefits acquired during the marriage
- Vehicles, investments, and business interests
- Household furnishings, real estate, and other shared assets
Separate property, such as inheritances or gifts specifically given to one spouse, may be excluded unless it was commingled with marital funds.
Spousal Support and Alimony
In long-term marriages, it’s common for one party to request spousal support, especially if one spouse was financially dependent on the other during the marriage. South Carolina courts consider various forms of alimony:
- Permanent alimony: Often awarded in long-term marriages when one spouse cannot become self-supporting
- Rehabilitative alimony: Temporary support while the recipient gains education or employment
- Lump sum alimony: A one-time payment awarded in place of ongoing support
Factors the court considers include the duration of the marriage, each spouse’s income, emotional health, and the standard of living established during the relationship.
Child Custody and Support in Long-Term Marriages
Even in long-term marriages, children may still be minors when divorce occurs. South Carolina family courts prioritize the child’s best interests when determining custody and child support.
Considerations include:
- Which parent has historically been the primary caregiver
- The child’s relationship with each parent
- The physical and emotional health of both parents
- The living arrangements and stability of each home
Child support amounts are determined using South Carolina’s guidelines, which take into account each parent’s income, healthcare costs, and other expenses. If both spouses agree on custody and support terms, an uncontested divorce may proceed more smoothly.
Legal Separation and Separate Maintenance
While South Carolina does not recognize legal separation in the same way as some states, spouses may pursue a separate maintenance action. This legal proceeding allows for resolution of child custody, support, and property matters without finalizing a divorce.
A separate maintenance agreement is especially useful in long-term marriages where the couple is not ready to proceed with divorce but needs court intervention to manage financial and legal responsibilities.
Filing Divorce Papers in Greenville County
To initiate a divorce in South Carolina, one spouse must meet the state’s residency requirement—either living in the state for at least one year (or three months if both spouses reside in South Carolina). Divorce papers must be filed in the county where the defendant spouse lives or where the couple last lived together.
The divorce filing process includes:
- Preparing and submitting required documents
- Serving the other spouse
- Attending mediation or hearings
- Receiving the final divorce decree once all matters are resolved
How Sarah Henry Law Helps with Long-Term Divorce Cases
At Sarah Henry Law, we understand how deeply personal and legally complex divorce after a long-term marriage can be. Our team provides thorough support for:
- Understanding fault and no fault divorce options
- Filing and responding to divorce papers
- Dividing marital property, including investments and retirement accounts
- Negotiating or litigating child custody and support
- Seeking fair spousal support or defending against excessive claims
With a strong grasp of South Carolina courts, family court procedure, and equitable distribution principles, we provide experienced representation every step of the way.
Learn more about Greenville Divorce After Long-Term Marriage. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Divorce After Long-Term Marriage FAQs
How is marital property divided after a long-term marriage?
South Carolina follows equitable distribution, meaning the property is divided fairly. Long marriages often lead to more shared assets, which makes legal assistance critical.
Am I entitled to spousal support after a 20+ year marriage?
Possibly. Long-term marriages often result in permanent alimony or rehabilitative support, depending on financial need, earning potential, and fault-based grounds.
What if we both agree on everything—can we file for an uncontested divorce?
Yes. If both parties agree on issues like custody, property division, and support, you may file for an uncontested divorce. This often speeds up the process.
How does a court handle retirement accounts and pensions?
Retirement benefits accrued during the marriage are typically considered marital property and divided accordingly. Vested benefits may require a qualified domestic relations order (QDRO).
What if my spouse committed adultery or another fault?
Fault grounds such as adultery or physical cruelty can affect alimony, custody, and the division of assets. Fault-based divorce requires proof and legal strategy.
