Divorce is one of the most difficult family matters a person can face. In Greenville, divorce proceedings involve not only the emotional separation of marriage but also the careful evaluation of assets, spousal support, and custody issues. With federal laws like the SECURE Act influencing how retirement accounts are treated, it is critical to work with a divorce attorney who is deeply familiar with both South Carolina family law and the financial rules that affect marital property.
The SECURE Act changed the way certain retirement assets are distributed, which directly impacts property division in divorce cases. If one spouse has a retirement account, the other spouse may be entitled to a share, and the rules about how and when those funds can be transferred are different under this law. A Greenville divorce lawyer who understands both state law and federal retirement provisions can help ensure that these assets are calculated correctly, divided fairly, and aligned with the best interests of both spouses and any children involved.
Divorce Proceedings in Greenville, SC
In Greenville County and throughout South Carolina, divorce cases can follow either fault or no fault grounds. While no fault divorces require a period of separation before filing, fault grounds—such as adultery or marital misconduct—may affect spousal support, property division, and other determinations by the court.
The legal process can be overwhelming, and there are several factors the court must consider in family law cases, including:
- Division of marital assets and debts
- Whether alimony or separate maintenance is appropriate
- Custody and visitation for a minor child
- Calculation of child support, ensuring it is calculated correctly
- Order enforcement after the final hearing
Because divorce involves so many factors, legal representation from a family law attorney is essential to guide clients through the entire process and help them make informed decisions about their future.
Property Division and the SECURE Act
One of the most significant issues in South Carolina divorce cases is property division. The SECURE Act directly affects retirement accounts, which are often marital assets subject to division. These accounts may require specific legal processes, such as a Qualified Domestic Relations Order, to ensure funds are properly transferred between spouses.
A knowledgeable Greenville divorce lawyer can explain how the SECURE Act changes the handling of retirement plans and what that means for your financial future. For example, one spouse may be entitled to part of the other spouse’s retirement account, and the way those funds are transferred can have serious tax consequences. Ensuring that the transfer is properly executed is critical for a positive result.
Child Custody and Support in South Carolina
In South Carolina, custody determinations always focus on the best interests of the children. Whether in child custody cases or broader divorce proceedings, the court examines many factors such as parental involvement, stability, and the needs of the minor child.
Child support must also be considered. The court ensures that child support is calculated correctly, based on income, custody arrangements, and the needs of the children. If disputes arise, parents may need to attend mediation to resolve custody and support concerns before a final hearing.
Alimony and Spousal Support
Spousal support is another critical issue in many Greenville divorce cases. Alimony may be awarded when one spouse needs financial assistance after the marriage ends. Fault such as marital misconduct can influence whether alimony is awarded and in what amount.
South Carolina law provides for several types of alimony, including permanent, rehabilitative, or lump-sum awards. A family law attorney can help explain what options are available and advocate for a fair outcome based on your circumstances.
Why Choose a Greenville Divorce Lawyer
Choosing the right divorce lawyer in Greenville, SC ensures that you have an advocate who will aggressively represent your interests while providing personalized attention. A law firm experienced in family law can begin representing you early in the process, guide you through separation, and prepare you for the final hearing.
Clients benefit from professional services that balance compassion with strong advocacy. A skilled attorney helps clients fight for fair results in divorce proceedings, child custody, and property division, while keeping all the facts clear and protecting the best possible outcome.
Take the Next Step with Sarah Henry Law
Learn more about Greenville Secure Act Divorce Lawyer. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation initial 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 Secure Act Divorce Lawyer FAQs
How does the SECURE Act affect divorce cases in South Carolina?
The SECURE Act changes how retirement accounts are distributed, which impacts property division in divorce. A family law attorney can help ensure transfers are properly structured.
What are the grounds for divorce in Greenville County?
South Carolina allows both no fault divorces (requiring separation for one year) and fault divorces based on issues like adultery, desertion, or marital misconduct.
Will child support be recalculated after divorce?
Yes. Child support must be calculated correctly according to state guidelines, and it may be modified later if circumstances change for either parent.
Do I need to attend mediation before a final hearing?
In many family law cases, parents may be required to attend mediation to resolve custody or support disputes before the court sets a final hearing.
How do I schedule an initial consultation with Sarah Henry Law?
You can contact Sarah Henry Law by calling (864) 478-8324 or using the contact page to arrange an initial consultation about your divorce case.
