Divorce Attorneys in Mount Pleasant, South Carolina

Going through a divorce is a challenging experience. This period is often filled with overwhelming emotions, from sadness and anger to anxiety about the future. It's a journey that can feel isolating and deeply personal, impacting every aspect of your life and your family's well-being. You might be feeling uncertain about what comes next or how to protect your interests and your children's. However, you don't have to face these difficult decisions alone.

At Brener Hurteau Family Law, we are committed to representing you through your divorce and helping you protect your future. Our experienced attorneys understand the specifics of South Carolina divorce law and strive to provide personalized legal counsel tailored to your unique situation.

Located in Mount Pleasant, South Carolina, we serve clients throughout Sullivan's Island, Isle of Palms, Charleston, James Island, Johns Island, Daniel Island, and Kiawah Island. Contact us today to schedule a consultation.

Grounds for Divorce in South Carolina

Divorce laws in South Carolina can be strict, as they involve both fault and no-fault grounds, equitable division of marital property, spousal support, and often issues related to child custody. If you are preparing for a divorce or have been served divorce papers, it's essential to understand the basics of this process.

South Carolina recognizes both fault-based and no-fault grounds for divorce. No-fault divorces require a continuous separation of one year before filing. Fault-based divorces, on the other hand, may be granted due to:

• Adultery

• Physical cruelty

• Habitual drunkenness or drug use

• Desertion for a period of one year

Our attorneys can help determine which approach is most appropriate in your case and how to use it to your advantage during the divorce proceedings.

Our Divorce Services

At Brener Hurteau Family Law, we offer experienced representation to South Carolina residents going through a divorce. Apart from helping with filing for divorce or choosing the type of divorce that best fits your situation, we also provide services for other key aspects of the divorce process.

Equitable Distribution of Property

In South Carolina, marital property is divided under the principle of "equitable distribution." This doesn't mean a 50/50 split; instead, it means what the court determines is fair and just based on the circumstances of the marriage.

The first step is to identify what constitutes marital property and what constitutes separate property. Marital property generally includes all assets and debts acquired by either spouse during the marriage. Separate property, which is not subject to division, includes assets owned before the marriage, inheritances, or gifts received by one spouse alone.

Our attorneys will work closely with you to meticulously identify, categorize, and value your marital assets to make sure nothing is overlooked. We will then advocate for a distribution that serves your best interests and future financial security. Some of the key factors South Carolina courts consider when dividing property include:

• Length of the marriage: Longer marriages may lead to a more equal division of marital assets.

• Marital misconduct or fault: Adultery or other misconduct that contributed to the breakup of the marriage can impact the distribution.

• Value of the marital property: A thorough valuation of assets like real estate, businesses, and investments is crucial.

• Contributions of each spouse: This includes both financial contributions and non-monetary contributions, such as homemaking and child-rearing.

• Each spouse's income and earning potential: The court assesses each spouse's ability to be financially independent post-divorce.

• The need for additional training or education: Some spouses may need to go back to school or take professional courses to become financially independent.

• Child custody arrangements: The parent with primary custody may be awarded the family home to provide stability for the children.

• Existence of retirement benefits for each spouse.

If disputes arise over the classification or valuation of property, our skilled attorneys are prepared to represent your interests in mediation or litigation to secure a fair outcome.

Child Custody and Support

If you have children, custody and support arrangements are likely at the forefront of your concerns. South Carolina courts prioritize the best interests of the child when determining custody arrangements, considering factors such as the stability of each parent, caregiving roles, and emotional bonds between the child and each parent.

Steps in a South Carolina Divorce

Understanding the steps involved in a South Carolina divorce can help you feel more prepared and in control. Below is a detailed breakdown of the specific steps typically involved in a divorce.

1. File the Divorce Petition: One spouse, called the petitioner, begins the divorce process by filing a divorce petition with the appropriate court. This document outlines the grounds for divorce and includes essential details such as property division, child custody, and spousal support.

2. Serve the Divorce Papers: After the petition is filed, the other spouse, called the respondent, must be officially served with the divorce papers. This formally notifies them of the divorce. The respondent then has a specific period to file a response.

3. Response and Counter-Petition (if applicable): The respondent can file an official response to the divorce petition, agreeing or disputing the proposed terms. If there are disagreements, the respondent may file a counter-petition and suggest alternative terms.

4. Temporary Orders: If necessary, either party can request temporary orders from the court to address immediate issues such as child custody, child support, spousal support, or who remains in the marital home while the divorce is ongoing.

5. Discovery Process: During this phase, both parties exchange information and documents relevant to the case. This could include financial records, property valuations, and any other evidence related to custody or support decisions. Tools like depositions, interrogatories, and requests for the production of documents are commonly used.

6. Negotiation and Mediation: Many divorces involve negotiation or mediation to resolve disputes amicably. A neutral third party, such as a mediator, facilitates discussions on custody, asset division, or support arrangements to reach mutually agreeable solutions.

7. Settlement Agreement: If both parties reach an agreement during negotiations or mediation, they draft a settlement agreement detailing the terms of the divorce. The court will review this agreement and incorporate it into the final divorce decree.

8. Trial (if an agreement isn’t reached): If the spouses cannot reach an agreement, the divorce proceeds to trial. Both parties present evidence and arguments before a judge, who makes final decisions about unresolved issues such as property division, alimony, custody, and support.

9. Finalizing the Divorce: Once all issues are resolved, either through settlement or trial, the court will issue a final divorce decree. This document legally ends the marriage and outlines the terms, including custody arrangements, financial support, and property division.

Each divorce is unique, and the specific steps may vary depending on factors such as jurisdiction, assets, and the level of agreement between the spouses. In these cases, experienced legal guidance can make a considerable difference when standing up for your rights and interests.

Why Choose Brener Hurteau Family Law?

At Brener Hurteau Family Law, we are dedicated to offering compassionate, results-driven legal representation. We understand that divorce is not just a legal matter but also an emotional and financial one. That’s why we’re committed to:

• Providing clear and consistent communication

• Crafting strategies customized to your situation

• Guiding you through each step of the divorce process

• Advocating fiercely to achieve your goals

We know that your family and your future are what matter most. With our knowledge, resources, and dedication, we aim to provide the support and solutions you need to move forward with confidence.

Compassionate Legal Assistance

If you are considering divorce or are already in the process, we are here to help. At Brener Hurteau Family Law, we are dedicated to providing the guidance you need to protect your family, your assets, and your peace of mind.

Located in Mount Pleasant, South Carolina, we serve clients throughout Sullivan's Island, Isle of Palms, Charleston, James Island, Johns Island, Daniel Island, and Kiawah Island. Contact us today to schedule a consultation.