Charleston Divorce Law »

North Charleston Divorce Attorney

Charleston, SC divorce attorney Tim Amey understands the divorce process.

The decision alone can be difficult enough, but where to go from there can be even more unsettling. A Charleston resident seeking a divorce must file for divorce in the county where the 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.

Charleston, SC divorce attorney Tim Amey can help you file for divorce

based on five possible grounds. The first and most common type of divorce is based on separation without cohabitation for a year. This is South Carolina's "no fault" divorce. The parties’ separation must be properly proven in the family court for the court to issue a Decree of Divorce. Four other grounds exist where one party alleges the fault of the other as grounds for divorce:

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

The vast majority of divorce or legal separation cases settle without the necessity of a contested trial in the family court. It is often the case that parties reach a separation agreement at the time of separation before any formal litigation is filed with the family court. Other times, the divorce or separation process begins with contested hearings prior to trial but a settlement can later be reached.

Formal mediation is another tool, required in many South Carolina counties, where parties attempt to reach agreeable terms. If a settlement is reached, the attorneys usually put the terms of the settlement into a written Separation Agreement or Settlement Agreement and seek to have that agreement approved by the Court.

When divorce cases cannot be settled prior to trial,

the parties must go before a Family Court Judge who hears both sides presented in a trial. Family court trials may take as little as a few hours or as long as several days. At the conclusion of a trial, the judge (not a jury) will decide the case based upon the evidence presented as applied to South Carolina law.

Call Charleston, SC divorce attorney Tim Amey

today and let him be the stabilizing force in an unfamiliar and uncomfortable setting. Attorney Amey will guide you through the every step of this difficult process and help you make the best decision for you and your family. Call today to set up an appointment.