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Category: Divorce

Should You Move Out of the House Before a Divorce?

property division

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 house and both contributed financially to the house during the marriage.

You cannot divide a house in half. You can sell the house and divide the proceeds, though this often does not happen if there are children involved, as you want to preserve their status quo as much as possible. This means that one spouse might stay in the house and the other relinquishes ownership in exchange for other property.

If you move out, it can often be difficult to get back in. While this is not always the case, you should seek the advice of a trusted attorney about whether you should move out or not during your divorce.

Contact a Divorce Lawyer in South Carolina for More Information

The Law Firm of David Parker Geis, LLC, advises clients on matters and concerns before, during, and after divorce. Call 843.715.0661 or contact us online to speak to a South Carolina divorce attorney today.

What Grounds Should You State for Your South Carolina Divorce?

divorce attorney

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, you do not have to be separated for one year for a fault divorce (except in abandonment cases). Additionally, proving that your spouse engaged in misconduct can give you an advantage in alimony, property division, or child custody determinations.

It is important to consider that you must provide sufficient evidence of the specific misconduct to the court. If your spouse will not admit to misconduct, this can result in highly personal information being exposed in open court, which can often make the divorce process significantly more adversarial.

Contact a Divorce Lawyer in Hilton Head, SC for Assistance

There are possible pros and cons to both no-fault and fault-based divorce grounds. This is something you should discuss with an experienced Hilton Head divorce attorney before you file your petition with the court. Call 843.715.0661 or contact us online to schedule a consultation with the Law Offices of David Parker Geis, LLC today.