Sumter Divorce Lawyer

Sumter Divorce Attorney

A divorce is one of the most stressful legal disputes one can face. From dividing marital assets to negotiating custody and visitation arrangements, the sheer number of tasks to deal with can be overwhelming.

Fortunately, hiring a Sumter divorce lawyer can help to alleviate some of this stress. Throughout the legal process, they can take on the bulk of the legal responsibilities to ensure that your rights are protected and that your goals are achieved.

At Kinney Law Firm, we proudly offer effective and compassionate legal support. Our experience in family law enables us to quickly assess the details of every case and determine the most advantageous legal route to take. This helps ease our clients’ minds as we take on intimidating legal burdens. If you are ready to begin divorce proceedings, contact us today to prioritize your success.

What Common Issues Arise in South Carolina Court?

The divorce process involves untangling a legal relationship between two individuals who spent years growing together. It can become extremely contentious when two people have competing ideas on the fairest arrangement post-divorce.

Some of the most common issues that arise in divorce court include:

Child Custody and Visitation

If children are involved in the divorce, parents will need to secure physical and legal custody arrangements. Where the child will live is detailed in a physical custody arrangement, while legal custody grants the legal right to make decisions on a child’s behalf. For example, if one parent has sole legal custody, only their opinion will matter when a decision needs to be made regarding what medical treatment a child will receive for a health condition.

Physical and legal custody arrangements can either be sole or joint. In a sole custody arrangement, unless the non-custodial parent has completely lost their parental rights, they will have visitation with the child, which allows them to periodically see their children to maintain a bond.

Child Support

Monthly child support payments are made when one divorced parent makes more money than the other. Their intent is to ensure that a child will always have their basic needs financially supported, regardless of which parent they are spending time with. South Carolina has child support guidelines that generally determine how much support will be paid. To assess whether a divorce qualifies for child support, the court will take each parent’s annual income and compare it to the needs of all children involved. Any large discrepancies will be satisfied with child support.

When two people are negotiating a child support amount, one party may challenge how the other person has reported their annual income. They may try to suggest that the other parent has presented a lower income than they actually make to avoid having to make child support payments. These instances will be investigated to ensure that a child support payment is based on the genuine reality of both parent’s financial circumstances.

Division of Property

The division of property in Sumter, SC is governed by the principle of equitable distribution. This means that all property acquired during the marriage is to be divided in a manner that is fair and just rather than by a 50/50 split. Some examples of marital property include real estate properties, retirement accounts, automobiles, and even outstanding debts.

Many different factors will be taken into consideration when dividing property. How long the marriage lasted, the ages and health of both spouses, and their earning potential are three of the most common areas looked into. The value of each spouse’s separate property is also taken into consideration. If there is a compelling reason for one parent to occupy the marital home, this request could be honored if there is enough evidence to support the decision.

FAQs

What Is the Average Cost for a Divorce Attorney in South Carolina?

The overall cost of a divorce attorney in South Carolina is dependent on many different factors, like how complicated the case is and how many years of experience an attorney has had in the field. A divorce attorney will often charge clients per hour, but they may also offer a flat fee arrangement. This is especially common in uncontested divorce cases where an attorney knows upfront how much time they will need to spend on the case.

How Much Is It to File for Divorce in South Carolina?

There are many different costs associated with a divorce in South Carolina, beginning with a filing fee, which may vary across the state. This fee helps to cover the administrative costs associated with processing divorce paperwork. In addition to this filing fee, there could be extra costs to serve the divorce papers to your spouse. If the divorce is contested, both parties will face court costs and attorney fees to help close their divorce case.

Can You File Your Own Divorce Papers in South Carolina?

Yes, you can file your own divorce papers in South Carolina. This option exists primarily for those who believe they are in agreement with their ex-spouse on all major issues that need to be decided. While this can help to save on legal costs, it’s important to ensure all paperwork is completed accurately and on time. When an attorney isn’t present to supervise the process, issues with inexperience could delay the case.

What Is Mediation in a South Carolina Divorce?

Mediation in a South Carolina divorce is the process in which a neutral third party called the “mediator” helps to facilitate conversations between both spouses. Their communication style encourages compromise and helps both parties better understand where the other side is coming from. This process is often less adversarial and more cost-effective than taking a divorce case to trial. It can also be much quicker than traditional litigation. Mediation is required in South Carolina Family Court cases before the case can go to trial.

Contact Kinney Law Firm Today for Help With Your Divorce

While navigating a divorce can be overwhelming, you don’t have to do it alone. At Kinney Law Firm, we are proud to offer quality legal services that make the divorce process easier for our clients. Contact us today to learn more about our services.