Divorce Attorney
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
Ending a marriage is hardly ever an easy thing to do and can be a complex issue in the state of South Carolina.
At Kiker Law Firm, we realize that factors involving your divorce and your situation, including family's needs, are unique. We also understand the unique emotional turmoil which can be present during these matters and treats our clients with the utmost respect and sympathy for their plight.
We help by providing answers, support, and a way to a better outcome. Kiker Law Firm has the time and resources to devote to your case and protect your best interests throughout each stage of the process. Together, we can devise the best strategy for you, so that your children, residence, assets, retirement funds, and debts are carefully addressed.
Dedicated to the Client
J. Brent Kiker is a highly knowledgeable divorce attorney & trial lawyer - conducting multiple Family Court proceedings throughout his tenure. If you want an attorney who has true courtroom experience – who demands and obtains the best possible outcomes for his clients – you want the Kiker Law Firm for your legal matter. The Kiker Law Firm does not use a catchy slogan or phrase to gather clients; instead, it relies on its reputation for honesty, diligence, competence and results to obtain its clients almost exclusively through “word of mouth” advertising.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7300. We'd be happy to meet with you and help you make an informed decision regarding your family law matter.
--------------------------------------------
ADDITIONAL INFORMATION ON DIVORCE IN SOUTH CAROLINA
While there are numerous reasons why a marriage fails, many couples attempt to work through their disagreements. Unfortunately, there are times that no resolution can be found and a divorce is decided upon. The legal process of ending a marriage is fairly customary in every state; an overview of the divorce process includes:
- Separation
- Filing a Petition for Divorce or Dissolution
- Managing Property Division
- Managing Debt Distribution
- Managing Spousal Support/Alimony
- Managing Child Custody/Visitation
- Managing Child Support
- Mediation/Collaborative Law
- Final Judgment of Dissolution
Filing for a divorce in South Carolina requires that you or your spouse has been a resident of the state for at least one year. There is a 90 day waiting period from the time you file for a divorce to the time of your final decree of divorce.
South Carolina maintains one no-fault ground for divorce and four additional fault grounds including:
- Adultery
- Alcoholism and/or drug addition
- Physical abuse or reasonable apprehension of physical abuse
- Willful desertion for one year
The divorce process commences legally when one spouse files a “Complaint for Divorce” in the county where:
- Your spouse lives
- You live if your spouse does not live in South Carolina
- You and your spouse last lived together if you are both currently living in South Carolina
South Carolina laws state that all assets and debts that were acquired during your marriage are considered “marital property”. This property will be divided equitably when you divorce. Judges will decide how to divide marital property based on numerous factors including:
- The duration of the marriage together with the ages of each spouse at the time of the marriage and at the time of the divorce
- Any marital misconduct
- Value of marital property
- Income and earning potential of each spouse
- Physical and emotional health of each spouse
- Needs of each spouse for additional training of education to achieve that spouse's income potential
- Nonmarital property of each spouse
- Any vested retirement benefits
- Whether alimony has been awarded
- Desirability of awarding family home to spouse that has custody of any children
- Tax consequences of equitable apportionment
- Existence of any support obligations from a prior marriage
- Liens or other encumbrances upon marital property
- Child custody arrangements and obligations
Separate property is property that was acquired by either spouse during the marriage. Each spouse is able to maintain their separate property including:
- Property acquired prior to marriage
- Property acquired by gift or inheritance
- Property acquired in exchange for non-marital property
- Property acquired due to an increase in the value of any non-marital property
It is important to note that an equitable distribution of property does not mean equal distribution. Being assigned fault in South Carolina may affect the division of property.
Be sure to gather as much information as possible regarding your property including the purchase date, value, account numbers and serial numbers.
Consider hiring a Hilton Head Island divorce attorney when either spouse:
- has a criminal record
- is accused of domestic violence, including child abuse
- is accused of sexual abuse
- is accused of non-physical abuse
- is neglectful and/or irresponsible
- suffers from inadequately treated mental illness
- has a physical disability or other significant health issue
- is not mentally competent (example, Alzheimer's disease)
- abuses alcohol or any other substance
- is accused of abandonment
- is accused of poor parenting skills or judgment
- caretaker of children is accused of illegal immigrant status
- is overextended financially and on the verge of bankruptcy
- owns a privately held business
- has a history of defaulting in financial obligations such as court-ordered support of other children or previous spouse
- is believed to be hiding assets
- is believed to work for cash payments
- has a history of willful refusal to work for a living
- has recently moved to another state, particularly if a child of the relationship was taken
- has recently moved to another county, particularly if a child of the relationship was taken
- has threatened to run away with the children
- has attempted to limit or interfere with visitation of the children
- has badmouthed the other to the children
- has notified that the other is able to support the children without assistance
- has claimed that he or she will not provide any financial support where the other partner may be entitled to it
- is disagreeable
- your spouse has a disagreeable lawyer
- your spouse has an aggressive, contentious and intimidating lawyer
- a judge has suggested you hire a lawyer or
- a judge doesn’t appear to be taking your side
Dedicated to the Client
Divorce cases are a highly technical and specialized field. The attorneys at Kiker Law Firm have extensive experience in successfully carrying out divorce cases. We understand what you're up against and also know that many circumstances may, in fact, plague someone for life. Our staff can aggressively pursue full compensation for you from your marital assets and can guide you through the divorce process.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7300. We'd be happy to meet with you and help you make an informed decision regarding your domestic relations matter.
|
