Manning Spousal Support Lawyer

Manning Spousal Support Attorney

South Carolina will grant a no-fault divorce if the couple has observed a one-year period of separation without cohabitation. Other grounds for divorce include adultery, physical cruelty, desertion that has lasted at least a year, or habitual drunkenness.

Understanding divorce law in South Carolina can be a complex process requiring skilled legal counsel. Hiring a Manning spousal support lawyer can provide the peace of mind you need during this challenging time.

Skilled Manning Spousal Support Lawyer

The team at Kinney Law Firm provides personalized legal guidance in family law issues. Seeking spousal support in South Carolina requires a thorough understanding of the state law requirements. If you are filing for divorce and feel you are entitled to spousal support, you will need an experienced family law attorney to advocate for you.

Spousal Support in South Carolina

To file for divorce in South Carolina, you or your spouse must currently be living in the state and must have been in the state for at least three months. If only one spouse is living in South Carolina at the time of filing, that individual must have lived in the state for at least one year before filing.

Spousal support is referred to as alimony in South Carolina. Either spouse may make a request for alimony, however, if a spouse committed adultery they cannot receive alimony.

What Factors Influence Alimony Amounts

The judge assigned to your case will determine how much support will be given and for how long. South Carolina state law does not provide any specific guidance for how alimony is determined. This is left to the discretion of the judge overseeing your case. In Manning, South Carolina, your case typically proceeds at the Clarendon County Courthouse located at 102 South Mill Street, Manning, SC 29102.

Your judge will take into consideration the age and physical and emotional health of each spouse, evaluating the spouse’s financial means to meet their own needs while also paying support, and the standard of living the couple had while married. Another consideration is the amount of time required for the spouse requesting alimony to acquire the education and training needed to secure employment. The judge typically also considers marital misconduct or fault.

The judge may also consider the length of the marriage. Education, employment history, and earning potential are also typical factors when determining alimony.

Types of Divorce in South Carolina

In 2023, the South Carolina divorce rate was 2.2 per 1,000 people. South Carolina law requires that couples seeking a no-fault divorce must live apart for at least one year before filing for a divorce. A minimum of 30-days must pass after the filing before a divorce can be granted in no-fault cases. All other grounds require a minimum of 90 days between filing and the granting of a divorce.

In South Carolina, divorces can be contested or uncontested. An uncontested divorce means that you and your spouse make decisions outside of court that impact your post-divorce life. These decisions become part of your divorce decree and are legally binding.

A contested divorce means that the court will decide the issues that you and your spouse can not agree on. You will have a trial and have the opportunity to present evidence that supports your desired outcome. This may include custody of your children and visitation schedule, the amount of alimony and child support, and how assets and debt will be divided.

Steps in Filing for a Divorce

You must file a Family Court Cover Sheet, Summons for Divorce, Complaint for Divorce, and Financial Declaration through the court in the county where your spouse lives. You will need to provide information such as the date of the marriage, why the marriage is ending, and any decisions regarding children or shared property.

The next step is to serve the respondent. This process will let your spouse know you are filing for divorce. The sheriff’s office or a private service can handle this requirement. The respondent may answer the petition or file a counter-petition that will address the claims or bring up additional requests.

The court will respond by addressing any immediate concerns that may include temporary child custody or spousal maintenance. The discovery process provides the opportunity for both parties to gather and present evidence that will lead to a fair outcome.

FAQs

Q: What Qualifies You for Alimony in KY?

A: To qualify for alimony in South Carolina, you will need to demonstrate to the judge that you lack the property to meet your reasonable needs, taking into consideration the marital assets you will receive as part of the divorce. You will also need to show that you are unable to support yourself through employment or that you have custody of a child with significant needs that prevents you from working outside of the home.

Q: How Much Is Spousal Support in South Carolina?

A: If a spouse demonstrates the need for spousal support, the judge will then determine how much to award and how long the support will last. The state laws in South Carolina do not provide a formula or specific calculation for determining spousal support. Instead, the judge assigned to the case will determine what is fair. Typically, a judge will order that spousal support be paid monthly; however, there are cases where a lump sum, one-time payment is ordered.

Q: What Is the Wife Entitled to in a Divorce in South Carolina?

A: In South Carolina, property division is subject to an equitable division. This means that the distribution of property will be fair and equitable. The division of marital property will encompass both assets and debt. The court will want to have a full disclosure of both parties’ assets and debts and will need to determine which are marital and which are separate. Inheritances and gifts fall under the category of separate assets and are not subject to equitable distribution.

Q: Does Every Ex-Wife Get Alimony?

A: Alimony is not guaranteed in every divorce. In South Carolina, if a spouse commits adultery they forfeit alimony. When determining alimony, the judge will consider various factors such as how long the marriage lasted, the earning potential of both partners, the age and health of both parties, and financial need. The amount and length of time alimony will be paid are determined at the discretion of the judge.

Speak With a Manning Spousal Support Lawyer Today

Divorce can be an emotional and complicated process. Clearly understanding your rights and the legal system is essential to ensuring you secure the most favorable outcome possible. Kinney Law Firm is ready to discuss your case. Make an appointment to learn about your options.