geislaw, Author at Law Offices of David Parker Geis, LLC

What Grounds Should You State for Your South Carolina Divorce?

When you file for divorce, every state requires you to provide grounds for dissolving your marriage. The specific grounds available will depend on state law, and South Carolina allows you to cite no-fault or fault-based grounds. It is important to carefully consider this decision with the help of a divorce lawyer in Hilton Head. No-Fault Divorce South Carolina does not require you to prove marital misconduct to get divorced. Instead, you can simply state that you and your spouse have irreconcilable differences. In order to petition for a no-fault divorce in South Carolina, however, you must show that you have lived apart from your spouse continuously for at least one year before filing. Fault-Based Divorce The fault grounds in South Carolina are as follows: Adultery Alcoholism or drug abuse Physical cruelty Abandonment by your spouse for one year There are some benefits to citing fault-based grounds for some spouses. First, [...]

geislaw2020-08-04T22:30:03-04:00

Should You Move Out of the House Before a Divorce?

When you and your spouse begin to realize that your marriage is not working, you might want to spend some time apart. You might be tempted to pack up some things and find an apartment, though is it a good idea to move out before your divorce is final? In some cases, moving out is necessary. If your spouse refuses to leave and they put your or your children at risk of harm, you should not hesitate to protect yourselves. However, if there is no threat at home, you might want to discuss this decision with a divorce lawyer in South Carolina. Property Division in a Divorce In South Carolina, the law requires divorcing couples to divide all of their marital property in an equitable manner. A house is usually considered marital property – even if it is only in one spouse’s name, as they likely lived together in the [...]

geislaw2020-08-04T22:26:58-04:00

Custody Planning for the Holidays

When you set your custody schedule, you should always consider how the schedule will change over the holidays. You should also address which parent gets to be with the kids at which times over the holiday season. All of this should be set out in your parenting plan, which you can review to prevent disputes from arising. Splitting Holidays Facing the holiday season after a divorce is never easy. It can become more emotionally difficult if you are not spending every holiday with your children. However, sharing custody requires compromise and making new traditions, and you should consider the best way to divide time over the holiday season. Do you celebrate Christmas and your ex-spouse celebrates Hanukkah? This can make it simpler to divide up custody on these days. However, if you both celebrate the same holiday, you will have to decide how to divide the day or trade off [...]

geislaw2020-08-04T22:23:22-04:00

How Long Will My South Carolina Divorce Take?

When you file for divorce, you likely want the matter to be finished as quickly as possible. However, there is a specific process for divorce cases in South Carolina, and a divorce cannot be finalized immediately. First, every divorce case has at least a 90-day waiting period from the filing date. This exists to ensure spouses have the chance to reconcile or rethink ending their marriage. There are also other factors that can increase the length of your divorce case. Your Grounds for Divorce South Carolina is a state that allows you to choose between no-fault divorce (citing irreconcilable differences) or fault-based grounds based on marital misconduct. While no-fault divorce does not require you to provide evidence of cruelty or adultery, it does require you to live separately for one year or longer before you can get divorced. Resolving Issues in Your Divorce Every divorce requires you to resolve certain [...]

geislaw2020-08-04T22:19:53-04:00

Requirements for Your Divorce

Deciding to end your marriage is a big step, and you likely want to move forward with your life as soon as possible. However, divorce is a legal process, and there are different requirements you must meet before the South Carolina court will end your marriage. Residency If both spouses live in South Carolina, the spouse filing the divorce petition must have lived in the state for three months. If only one of you lives in the state, that spouse must live there for one year prior to filing the petition. Grounds and Waiting Period When you file for divorce, you must cite grounds for why you want to dissolve the marriage. You can cite no-fault grounds, which means you do not need to prove that your spouse engaged in misconduct in order to get divorced. However, a no-fault divorce requires that you have been living separately from your [...]

geislaw2020-08-04T22:16:44-04:00