While the process of getting married can be the happiest time in a person’s life, divorce can be anything but. That’s when a Family Law Attorney can be extremely helpful.
Going through a divorce or custody can be one of the hardest experiences you can go through. We understand that and try to help you while being honest with you about your options. Dealing with the court system can be overwhelming. One of the hardest things for clients to accept is that they won’t agree with everything that is said during the course of the case, as each spouse tends to remember the marriage and the fights differently. You should remember:
- There may be statements made about you that are not true or are misleading.
- There may be painful details about your past which may be brought out in Court.
- You may feel overwhelmed by the number of issues that come up in your case.
- You may be frustrated by the amount of time that it takes to finish your case.
Talk to your lawyer about these things to help you manage any anxiety about the Court process. While it may not be an easy process, it will eventually come to an end and you will have to pick up the pieces and move on. Try to think of your children first, and what they need. The divorce will end at some point, but your role as a parent is forever.
If you or your spouse has served in or retired from the military, there are additional financial concerns when going through a divorce. While you will go through the same procedural process as non-military couples, you must also be aware that there are other factors that the typical civilian couple will not have to address, and which may prolong the process because of the very nature of one of the party’s military service, such as an active duty assignment in a remote area, or a permanent station overseas. Besides understanding the basic divorce process, it is imperative that military couples are knowledgeable in the factors that will affect their divorce as a result of military service. In fact, it may be even more important to know about the federal law that divides military retired pay, as we can help you understand South Carolina’s laws regarding division of military assets.
Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA), which allows each state to determine how to treat military pay, military retirement, and/or military disability as property solely of the member, or as property of the member and his spouse in accordance with the laws of the state court. There is no one rule or formula to divide military assets, but we can help guide you through the divorce laws of this state.
Let us help you deal with the legal and emotional roller coaster that comes with divorce or custody. We also provide mediation services as an alternative to litigation, understanding how important it is to maintain as much control as possible over your Divorce, Child Custody , and division of Military and non-Military benefits. Sometimes there is no matter how much you plan, there is no explanation for a Judge’s decision.
You can get a divorced based on the following grounds:
- Desertion for a period of one year;
- Physical cruelty;
- Habitual drunkenness including drug use; or
- One Year Separation or No Fault
Child support is calculated based on the gross income of the parents, with consideration for support paid for other children, health insurance premiums for the children and work-related child care expenses using the Department of Social Services Child Support Calculator.
The types of alimony include:
- Periodic alimony, which is to terminate upon remarriage or continued cohabitation of the supported spouse or upon the death of either spouse and usually terminable and modifiable based upon changed circumstances occurring in the future.
- Lump-sum alimony, which is a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but usually not terminable or modifiable.
- Rehabilitative alimony, which is a finite sum to be paid in one installment or periodically, usually terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony.
- Reimbursement alimony to be paid in a set amount, paid in one installment or multiple installments, an terminated on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse, usually not terminable or modifiable based upon changed circumstances in the future.
Our divorce lawyer can help you determine if these factors might apply to your case.
In general, when making an award of alimony or separate maintenance and support, the Courts are supposed to consider many factors including length of the marriage; education and income of the parties; custody of the children, and marital fault. However, alimony is not intended to punish a spouse, and is not automatically granted because one person cheated or caused the marriage to break up.
One factor can be given more consideration than another factor. No one factor determines whether alimony is awarded. It is best to seek a legal opinion as to determine whether these factors apply to your case.