Separation & Divorce Lawyer in Charleston

Types of Divorce

Divorce can be categorized into two main types: uncontested and contested. Here’s an overview of each:

Uncontested Divorce

• In an uncontested divorce, both parties agree on all terms, including property division, child custody, and alimony.
• This type of divorce is usually faster, simpler, and less expensive than contested divorces.
• Since both spouses reach an agreement, they don’t need a lengthy court battle. This can lead to a more amicable split and less emotional stress.
• A divorce attorney helps by reviewing the agreement to ensure it’s fair and legally sound, and they can help with the necessary paperwork and filings.

Contested Divorce

• In a contested divorce, spouses disagree on one or more key issues, such as property division, child custody, or alimony.
• The disagreement can lead to a lengthy court battle, making it more stressful and expensive.
• A lawyer plays a critical role in contested divorces by advocating for your interests, representing you in court, negotiating with the other party, and helping to find solutions.
• This type of divorce often involves mediation or settlement conferences to resolve disputes without going to trial, but in some cases, litigation may be necessary.

Child Custody and Visitation

Child custody is one of the most sensitive issues in divorce cases. Here’s an overview of how custody is determined and how an attorney can assist:

Types of Custody

• Joint Custody: Both parents share equal responsibility for decision-making and time spent with the child.
• Sole Custody: One parent has full responsibility for making decisions and typically has primary physical custody of the child.
• Visitation Rights: The non-custodial parent usually has the right to visit the child based on an agreed schedule, or the court may set this schedule.

How a Divorce Lawyer Can Help

• A divorce attorney can guide you through child custody evaluations, ensuring your concerns are heard and considered.
• They can help modify existing custody agreements if circumstances change (such as relocation or a change in the child’s needs).
• In cases of disputes, a lawyer can represent you in court and advocate for a custody arrangement that is in the best interests of your child.

Spousal Support (Alimony)

Spousal support, or alimony, is financial assistance one spouse may be required to pay to the other after divorce. Here’s how it works:

Types of Alimony

• Temporary Alimony: Paid during the divorce process to help the lower-earning spouse maintain their standard of living until the divorce is finalized.
• Permanent Alimony: Paid after the divorce, typically on a long-term basis, until the receiving spouse remarries or becomes self-sufficient.

Factors Influencing Alimony

• The length of the marriage, the financial and earning capacities of each spouse, and the standard of living established during the marriage all affect alimony decisions.
• Courts may also consider the age and health of the spouses, as well as the spouse seeking support’s ability to support themselves.

How an Attorney Can Help

• A divorce attorney can assist in negotiating alimony terms, ensuring that the amount and duration are fair and in your best interest.
• They can also help contest alimony requests if you believe they are unjust or excessive.
• If there are changes in circumstances after the divorce, a lawyer can help you seek a modification of the alimony agreement.

In all these cases, a knowledgeable divorce lawyer is crucial for protecting your rights and ensuring the best possible outcome in your divorce and family law matters.