Divorce

Divorce

At Isaacs & Alley, LLC, we proudly serve Richland and Lexington counties as Columbia's premier trial attorneys, specializing in family law, DUI defense, personal injury, workers' compensation, and business law.

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South Carolina Divorce Attorney

A divorce dissolves more than just a marriage; it also changes the routines within a child’s life. When a marriage ends, everyone must adjust to a new reality. In addition to the uncertainty you may be facing, important decisions must be made regarding your financial situation.

At Isaacs & Alley, LLC, our South Carolina divorce attorney has been offering exceptional representation to residents of the Midlands region of South Carolina for over 40 years. We have successfully helped people move through the complex legal process of divorce, allowing them to come out stronger on the other side.

Divorce Issues We Handle

Our firm has ample experience handling the following divorce issues:

Fault-Based versus No-Fault Divorce

In a fault-based divorce, the person requesting a divorce must have a specific reason for wanting to dissolve their marriage. South Carolina allows four grounds for a fault-based divorce: adultery, habitual drunkenness, physical cruelty, and abandonment.

Unlike some states, South Carolina recognizes no-fault divorce. For a couple to qualify for a no-fault divorce in South Carolina, the couple must live “separate and apart” for a minimum of one year. Additionally, the plaintiff must have resided in the state for a minimum of three months before filing for divorce.

Contested versus Uncontested Divorces

Not all divorces involve a judge adjudicating the matter. South Carolina recognizes contested and uncontested divorces. As the name suggests, a couple will file for a contested divorce when both persons cannot come to an agreement on relevant issues. The issues that remain unresolved may pertain to alimony, child support, child custody, visitation, or property distribution, to name a few.

Alternatively, in an uncontested divorce, the spouses must agree on all relevant issues. This eliminates the need for court intervention, although the couple will submit a marital settlement agreement for a judge to review for approval.

Since the couple are both on the same page, an uncontested divorce is less time-consuming and less expensive than a contested divorce. If a couple chooses an uncontested divorce, it will be on no-fault grounds.

South Carolina is an Equitable Distribution State

South Carolina divides marital property into what the court deems to be fair, not necessarily equal. Whereas marital property is any property that the couple acquired during their marriage and is currently owned when filing for divorce, South Carolina Code §20-3-630 defines nonmarital property as either:

  • Property acquired through an inheritance or a gift from a party other than the spouse or
  • Property acquired before the marriage or after entry of a pendente lite order, a marriage settlement agreement is finalized, or a permanent order of spousal maintenance has been issued.

Place Your Trust in the Hands of Our South Carolina Divorce Attorney

The period of filing for divorce and divorce proceedings can be a tumultuous time in anyone’s life. Isaacs & Alley, LLC, we understand that a divorce is a sensitive matter, causing a range of emotions. Our compassionate and meticulous approach allows our clients to feel comfortable with the legal process. To get started, contact us online or by phone. We offer free case evaluations.