Greenville Divorce FAQ
Going through a divorce can be a difficult and stressful time, made even more complicated when you’re left sorting through the legal jargon to get answers to your questions. As an experienced Greenville divorce attorney, I seek to make the process as stress-free as possible and support individuals in need every step of the way.
I’ve broken down everything you need to know about divorce in Greenville and how to partner with a hard-working attorney to pursue your divorce confidently.
What are the grounds for divorce?
Each state may have different regulations on the circumstances to be granted a divorce. In Greenville, South Carolina, you must meet one of the following five grounds for divorce:
- Adultery – Your partner is unfaithful in your marriage.
- Habitual Drunkenness – Your partner is frequently intoxicated.
- Physical Cruelty – Your partner physically harms you or your children.
- Abandonment – Your partner abandons you, which may involve moving out unexpectedly and cutting off contact.
- No-Fault – You and your partner have been separated for at least one year.
Mental cruelty and emotional abuse do not qualify as grounds for divorce in South Carolina. If you’re concerned that your spouse will contest the divorce and unsure if you meet the above standards, connect with a skilled Greenville divorce attorney who can help you understand your options and the best path forward.
How quickly will the divorce be finalized?
Though there is no determined time a divorce will take in every instance, the process can be as short as a couple of months.
It may stretch longer depending on the complexities of your case. If the divorce is contested or you have many assets and struggle to determine how they should be allocated, this can lengthen the time. If you have children or dependents, this can also make divorce cases more complex and add time to the amount of time it takes to finalize it.
The best way to speed up your divorce is to partner with a skilled lawyer who will work hard and fast to build your best case, gather what they need, and push the project forward.
How will our assets be divided?
The division of assets during a divorce can be complicated, especially if the individuals are at odds with how they believe their assets should be divided. Ideally, South Carolina courts seek to remain equitable and divide assets 50/50. A judge will determine how assets like the money in your bank accounts, property and vehicles, and items should be divided.
If you and your former partner want to come to an equal agreement, you can present it to the judge accordingly. Otherwise, the judge will make the determinations on their own. Your divorce lawyer will help advocate for you throughout this process, especially if there are specific reasons why you feel entitled to certain assets. For example, if you primarily drive your kids to and from school, your lawyer may argue that you should keep the shared car.
This can be a complex and overwhelming component of the divorce process, but with the right lawyer, you can advocate for your needs.
We have children together. Who gets custody?
Determining the custody agreement of your children is another problematic but necessary stage in the divorce process. Ideally, you and your former partner will agree on what custody agreement would best serve your children. If this doesn’t happen, the courts will step in.
South Carolina courts will advocate for the best interests of your children and make their custody decisions accordingly. Considerations for who gets a more significant portion of custody may include the needs and age of the child, what the child wants, the health and mental health of each party, the living situation of each party, who lives closer to the school or a support system to help with the child’s needs, and more.
Choose a divorce attorney with ample experience representing the interests of families in complex custody agreements to ensure you have a skilled lawyer on your team in the journey to determining custody.
I’m ready to move forward. How do I start?
Connecting with a trusted Greenville divorce attorney and filing for divorce is your first step to moving forward. It can be a scary step, but with the right lawyer, you can feel comfortable and confident in each stage.
When you need a compassionate lawyer to walk you through the process and advocate for your needs, choose Sarah Henry Law. I’ll work hard to protect your assets, fight for your interests, and handle your case promptly and professionally so you can focus on starting the next chapter of your life stress-free.