PRACTICE AREA

Description

Divorce Lawyer in Spartanburg, SC

Divorce is never a pleasant process, and the factors that come into play are quite sensitive. At Max Hyde, our Spartanburg, SC divorce lawyers are here to give you the support you need during this difficult time.

The divorce lawyers in our team are among the best in the industry and will ensure you get the best representation. Divorce is a stressful process that has a negative effect on your life in terms of your emotions as well as your wallet. Thus, our aim is to help you reduce your stress and provide you with legally sound solutions that will be beneficial to you and your family.

Our commitment does not end at the moment you sign the contract; we ensure you are protected from the time we discuss your case till the time your issue is solved. The firm’s lawyers are well versed in all features of divorce, which include division of properties, support, custody and access to children. Regardless of whether your case is settled through a negotiation, mediation, or trial, we always seek to do so as quickly as possible and with the best results possible.

The attorneys representing Max Hyde have a vast experience in divorce cases in Spartanburg and other cities in South Carolina such as Charleston, Greenville, Rock Hill among others. This is because we have great experience coupled with a profound knowledge of divorce law thus offering wise counsel and formidable defense.

Get in touch with the best divorce lawyers in Spartanburg at Max Hyde now at (864) 804-6330 for a free consultation with one our divorce law attorneys in Spartanburg. We are committed to giving you the professional, caring and efficient legal assistance you require in this difficult period of your life.

Divorce Laws in Spartanburg, SC You Should Know About

It is essential to know the divorce laws in Spartanburg, SC if you are going through this difficult phase in your life. These laws include areas of concern like; distribution of property, spousal support, child custody, and support. It is important to know these regulations because it affords your rights certain measures of protection and you are able to plan for your future properly.

Legal Grounds for Divorce

For one to get a divorce in Spartanburg, there must be legal reasons as to why the marriage should come to an end. There are grounds for divorce are adultery, drunkenness and physical violence, desertion, and separation without reconciliation for one year for no fault. Psychological stress or cruelty is not recognized as one of the grounds for divorce in Spartanburg. [1]

In the state, the legal requirements for fault-based grounds are that evidence has to be produced while for no-fault, one has to live apart for one year.

Division of Marital Assets

South Carolina is not a community property state, so there is no set percentage that must be split down the middle by the judge. This enables the judges to look at several factors and possibly give the larger portion of the assets to one spouse depending on the circumstances.

According to the provision of law, the court has to take into consideration the period of marriage, the contributions of each spouse and the financial position of each party with regard to division of property.

Alimony Payments

Judges in Spartanburg have rather large discretion concerning the payment of alimony. They can set longer lasting alimony orders than other states depending on the financial requirements of the couple.

There are several types of alimony available under South Carolina law such as permanent, rehabilitative, and lump-sum and the judges look at factors such as the marital standard of living and each of the parties’ ability to work.

Family Court Jurisdiction

Spartanburg divorces are filed in the Family Courts. These courts hear all matters concerning dissolution of the marriage through divorce, legal separation, child custody and visitation, child support, alimony and distribution of the marital property.

Family Courts in South Carolina operate under a unified system. They ensure that judges who are familiar with family law handle all related cases.

Filing for Divorce

The divorce process starts when one spouse serves the other with a Summons and Complaint that describes the reason for the divorce and how the couple’s property should be divided. The other spouse has 30 days to file an Answer and Counterclaim.

By law, there is a legal requirement that calls for service of the Summons and Complaint which actually informs the responding spouse and offers them a chance to respond. [2]

Final Hearing for Simple Divorce Cases

In the simple cases where the parties are only seeking a divorce, there is normally only one final 15-minute hearing. In this hearing, there is a need for a third party to support the reasons for the dissolution of marriage. This efficient approach assists in the early and fast determination of such divorce cases.

In order to get a no-fault divorce in South Carolina, the third-party witness should attest to the fact that the couple has lived separately and apart for one year without reconciliation.

Visit this page for more details about the divorce laws in Spartanburg, SC.

Unique Aspects of Spartanburg Divorce Law

Divorce in Spartanburg and across the rest of South Carolina has features such as, equitable distribution of property, fault based grounds for divorce as well as alimony that make it different from divorce in other states. Because of these issues, it is advisable to seek services of a local divorce attorney to help you with the legal procedures as well as safeguard your interests.

For more information about Spartanburg divorce laws and your rights, call Max Hyde at (864) 804-6330. Our understanding lawyers ensure that you get the best advice for your divorce settlement depending on your unique situation.

Legal Grounds and Classifications of Divorce According to Law in Spartanburg, SC

Divorces in Spartanburg can be classified according to the grounds for the dissolution of the marriage and the process that goes with it. The knowledge of these types and classifications of divorce may assist in the assessment of the proper legal strategy depending on the situation.

Fault-Based vs. No-Fault Divorce:

Fault-Based Divorce: Traditionally, fault-based divorce requires proving that one spouse’s actions directly caused the breakdown of the marriage. The grounds for fault-based divorce in South Carolina are adultery, habitual drunkenness or drug and alcohol use, physical abuse, desertion and living apart for one year without cohabitation.

No-Fault Divorce: On the other hand, no-fault divorce does not involve any blame of the husband or wife for the breakdown of the marriage. It is not based on the no-fault principle but on the basis of separation and being out of each other’s company for one year without actually living together. However, the spouses can also apply for a no-fault divorce after they have been living apart for a period of three years without a formal settlement. [3]

Contested vs. Uncontested Divorce:

Contested Divorce: Contested divorce refers to a situation where the spouses are not able to agree on some of the issues for instance property and assets, debts, children and visitation rights, and support. Here, the court comes in to offer the final solution to the disputes through trial. Contested divorces may involve hearings, mediation and the legal process is likely to take a longer time as the court tries to ascertain a fair way of splitting assets.

Uncontested Divorce: An uncontested divorce is one in which both the husband and wife agree on all the terms of the divorce without having to go to court. This usually involves the issue of how the properties and debts are to be split, who is to take care of the children and how, where etc. The non-contested divorces are usually less time-consuming and less expensive as compared to the contested ones because the latter involve trials.

Simplified Divorce: Essentially, a simple divorce procedure is provided in Spartanburg if both partners consent to the terms of the dissolution of marriage and other conditions of the case. This simplified procedure is intended for those situations when there are no contentious issues regarding the property, children, or alimony. It sometimes entails the submission of basic documents and may include a short court hearing where the judge checks that the couple comprehends the terms of the divorce.

It is strongly advised that should you require detailed professional advice or representation in your particular case or any aspect or type of divorce you should seek legal advice from a divorce lawyer. Get help from the professional lawyers at Max Hyde when it comes to your divorce so that you can handle it with ease.

Divorce and Child Custody in Spartanburg, SC

In South Carolina, child custody decisions are on the “best interests of the child” standard, evaluating:

The role of each parent and the interaction of the child with each of the parents
The stability of the home environment as provided by each parent
The psychological and somatic state of the parents
History of abuse or neglect in their childhood
The child’s preference, if the child is capable of making a rational decision as to which parent they desire to live with.

The court may grant sole custody to one parent or joint custody where decision-making and parenting time are shared. These arrangements are adaptable and can be modified if circumstances change.

Child Support Guidelines

The guidelines are expressed in terms of a formula that sets out the amount of child support that can be paid and received, establishing fair and reasonable contributions according to the parents’ income and the child’s requirements. Exceptions to the guidelines are made when there are circumstances that may include the child’s medical or educational needs. Child support in South Carolina adheres to specific guidelines considering:

Each parent’s income
The data on the number of children involved
The amount of time that each parent spends with the child

Visitation and Parenting Time

Reasonable visitation rights are granted to the non-custodial parent especially in sole custody cases where one parent is awarded the custody of the child during the weekends, holidays, or summer break. The court may set up a parenting time schedule to guarantee that both parents continue to be involved in the child’s life.

In conclusion, family courts in Spartanburg seek to make the best custody and support arrangements for the children that are caught in the middle of a divorce.

Experienced Divorce Attorneys at Max Hyde Law Firm Can Help You With Every Aspect of Your Divorce

Max Hyde Law Firm, P. A. stands ready to assist you comprehensively throughout every stage of your divorce, offering expertise and compassionate guidance tailored to your unique circumstances:Max Hyde Law Firm, P. A. stands ready to assist you comprehensively throughout every stage of your divorce, offering expertise and compassionate guidance tailored to your unique circumstances:

Divorce Litigation: In cases of disputes concerning the properties, distribution of the house, maintenance, and child custody, visitation rights and child support, then here is a powerful method of handling the dispute through litigation. Our attorneys fight for your rights in court to ensure that decisions made are in your and your children’s best interest.

Divorce Mediation: Required in South Carolina for family law cases, mediation is one of the forms of ADR that is preferred to the trial. We help you through this process to work out agreements with your spouse on major issues such as child support and access, maintenance, and property sharing with the overall best interest of the family in mind.

Child Custody: Our attorneys are devoted advocates for your parental rights, and we work hard to achieve the best interests for your children. When it comes to custody terms or when we have to appear in court on your behalf, we ensure that the best interest of your children is upheld while at the same time ensuring that your rights of access to your children are not prejudiced.

Child Visitation: In light of the fact that parents ought to continue to have contact with their children after the divorce, we assist in the creation of visitation schedules that will ensure that you have quality time with your children. We strive to make those schedules be fitting for you and portray you as the parent that you are.

Child Support: We help you to follow all the child support laws of South Carolina in a careful manner to obtain a reasonable support order depending on your income and your children’s requirements. The objective of such negotiations or litigation is to safeguard your children’s financial interests.

Child Support Modification: We help in the process of obtaining a change of the existing child support orders, change that will take into account the new circumstances and that will fairly distribute the financial burden between the parents.

Spousal Support: Post-divorce financial stability is crucial. Our attorneys pursue fair spousal support arrangements that allow you to maintain a standard of living similar to that during your marriage, considering factors like duration of the marriage and each spouse’s financial contributions.

Property Division: Division of marital property involves careful evaluation and equitable distribution. We advocate for a fair division of assets, considering financial and non-financial contributions to the marriage, to secure your financial future effectively.

Hyde Law Firm, P.A. is committed to providing the highest level of legal representation and support during your divorce proceedings. Our experienced attorneys are dedicated to protecting your rights and advocating for your best interests every step of the way. Whether you are facing complex litigation over asset division, navigating the emotional challenges of child custody and visitation arrangements, or seeking fair and equitable spousal support, we are here to help.

Call Max Hyde Law Firm today at (864) 804-6330 to schedule a free consultation with one of our experienced divorce attorneys. During this confidential meeting, we will listen to your concerns, provide expert legal advice tailored to your specific situation, and outline a strategic approach to help you achieve your goals. Let us guide you toward a brighter future for you and your family.

Comprehensive Legal Guidance: We give clear and elaborate information concerning the kinds of adoption that is available and guide you on which type would be most appropriate for your family. Our attorneys will educate you and your agency on all the legal requirements of adoption laws at the state and federal level to avoid legal complications and time wastage.

Home Study Coordination: We help you in organizing and finishing the compulsory home study, such as criminal record checks, interviews and home visits. Our team will assist in the preparation of all the documents which are necessary for the adoption procedure and also guarantee that all the documents compiled are legal.

Drafting and Filing of Papers: We are responsible for the completion of the adoption petition and all other formal papers as well as seeing to it that all the papers are correct and that none is missing. Our attorneys will stand for you in court to give legal reasons why the adoption should be granted.

Obtaining Necessary Consents: We oversee matters concerning consent from biological parents or legal guardians or help in the process of the termination of parental rights when it is necessary. All legal issues that may come up during this process will be handled by our team so that your case is not delayed.

Court Representation: All appearances in court shall be conducted by our attorneys who will fight for your rights as well as for the best interest of the child. We offer proper preparation for any court case and guarantee that you are comfortable and knowledgeable throughout the trial.

Post-Placement Support: We also provide and assist in every legal requirement that comes with the post-placement supervision period. Our team will help you in the process of sealing the adoption, getting a new birth certificate, and solving all the problems that occurred after the adoption.

At Max Hyde Law Firm, our commitment is to provide compassionate and knowledgeable legal support, ensuring your adoption process is as smooth and stress-free as possible. Call us today at (864) 804-6330 to book a free consultation for legal advice with one of our experienced adoption attorneys and learn more about how we can assist you in building your family through adoption.

PRACTICE AREAS

OUR ATTORNEYS

LET'S CONNECT

Phone Number

(864) 804-6330

Email Address

max@maxhydelawfirm.com

Common Family Law Issues

Divorce

Going through a divorce in South Carolina? Here is everything you need to know to go through this tough time.

Child Custody

Understand child custody laws in South Carolina and protect your parental rights
—learn more today.

Child Support

Learn about child support guidelines in South Carolina to ensure financial security for your children

Alimony/ Spousal Support

Navigate alimony and spousal support laws in South Carolina—learn more to secure your financial future.

Division of Property and Assets

Discover how the division of property and assets works in South Carolina—learn more to protect your financial interests

Adoption

Explore the process and requirements for adoption in South Carolina— Everything you need to know

Guardianship

Understand the responsibilities and legal aspects of guardianship in South Carolina—click here to gain insights