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Common Questions on Divorce


The divorce process is often stressful and confusing. If you are considering a divorce in Columbia, or would like more information on the matter, consider these frequently asked questions:

What are the residency requirements for divorce in South Carolina?
If both parties are residents of South Carolina, the spouse filing for divorce must have lived in the state for at least 90 days. If only one spouse is a resident, they cannot file for divorce until they have spent a full year in the state.

What qualifies as grounds for divorce?
You can file for divorce for a number of reasons in South Carolina. In addition to no-fault divorce and divorce filed after at least a year of separation, any of the following are considered valid reasons for a fault-based divorce: adultery, extended desertion, physical cruelty, and habitual drunkenness.

How will child custody be determined?
Both parents have the opportunity to negotiate the terms of a joint or single custody arrangement, including visitation schedules. If they cannot reach a favorable agreement, their case will be decided in a court hearing, according to the best interests of the child.

How is property divided in a divorce?
State laws require an equitable division of property and assets. While each spouse generally retains the right to their individual income and property, an equitable division will ultimately see marital property divided in the most equitable (fair) way, even if it is not exactly proportionate.

Will I receive spousal or child support?
Whether or not you receive support depends on your financial circumstances and custody arrangement at the time of your divorce. In general, if you spend the most time with your child, or if you have sole custody, you will receive child support to facilitate proper child care. Spousal support (alimony) is determined by a number of factors, including your ability to support yourself and/or your children after a divorce, and the financial opportunities sacrificed for the marriage. These plans can be modified to fit your needs in the years following your divorce.

Seek Professional Legal Counsel

If you would like to learn more, contact a seasoned Columbia divorce attorney from our firm. Our legal team has nearly 30 years of experience in family law, and we are dedicated to helping our clients seek a favorable outcome to the toughest cases. Call Masella Law Firm, P.A. to speak with a compassionate lawyer today!

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