Divorce Lawyer Charleston SC
As part of its family law practice in Charleston, the LaMantia Law Firm assists in the management of divorce proceedings in the state of South Carolina. Our skilled attorneys are intimately familiar with South Carolina’s divorce laws and regulations and can help guide any Charleston, SC divorce or separation issue to a satisfactory conclusion.
Acceptable grounds for divorce in South Carolina
Each state has unique grounds regarding the granting of a divorce. When choosing grounds for your particular divorce in South Carolina, bear in mind that you must provide the burden of proof to the court on those selected grounds. In South Carolina, acceptable grounds for divorce include:
- No-fault, in which the spouses have lived separately and without cohabitation for one year
- Fault, which may be proven on the grounds of:
- Adultery
- Willful desertion for a period of one year
- Physical cruelty
- Habitual drunkenness or drug abuse
Many spouses find they do not meet the waiting period requirements regarding divorce law in South Carolina. While frustrating, these laws are in place to prevent hasty decisions regarding the termination of a marriage.
Charleston SC Separation agreements
South Carolina martial law also allows the drafting of separation agreements. In fact, South Carolina law encourages parties involved in a divorce or marital law proceeding to reach extrajudicial agreements in such issues. However, even simple and unambiguous agreements are subject to the duty of a South Carolina Family Court judge, who must rule upon its fairness. A separation agreement in South Carolina, approved by the court, stipulates in unambiguous terms regarding provisions relating to child support.
