Charleston Divorce Law »
North Charleston Divorce Attorney
Charleston, SC divorce attorney Tim Amey understands the divorce process.The decision alone can be difficult enough, but where to go from there can be even more unsettling. A Charleston resident seeking a divorce must file for divorce in the county where the spouse lives or where you live if your spouse does not reside in South Carolina. If you both still live in the state, you may also file where you last lived together.
SC residency requirements apply:you or your spouse must have been a resident of South Carolina for at least one year. If both of you live in South Carolina, you must both have lived here for at least three months.
Charleston, SC divorce attorney Tim Amey can help you file for divorcebased on five possible grounds. The first and most common type of divorce is based on separation without cohabitation for a year. This is South Carolina's "no fault" divorce. The parties’ separation must be properly proven in the family court for the court to issue a Decree of Divorce. Four other grounds exist where one party alleges the fault of the other as grounds for divorce:
- Physical cruelty
- Desertion for more than one year
- Habitual drunkenness or habitual use of drugs
Formal mediation is another tool, required in many South Carolina counties, where parties attempt to reach agreeable terms. If a settlement is reached, the attorneys usually put the terms of the settlement into a written Separation Agreement or Settlement Agreement and seek to have that agreement approved by the Court.