Hilton Head Island Family Law Attorney - Settlement Agreements
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
Dividing property is a complicated process. In South Carolina, property is considered either “marital” or “non-marital”. The first step in the process is to distinguish the marital property from the non-marital property. Transmutation of non-marital property regularly occurs during a marriage, either intentionally or through other acts between the husband and wife.
Non-marital (or separate) property is not included in property division. This would include property:
- Acquired by gift or inheritance
- Acquired in exchange for non-marital property
- Acquired due to an increase in the value of any non-marital property
- Acquired prior to marriage
Marital property is all jointly owned property and all other property, except “ separate property ” acquired by either spouse during your marriage and up to the time of your separation. This can include almost anything acquired during the marriage— from a business to real estate to artwork, etc. Investigators and forensic accountants are commonly used to investigate assets and income to help achieve a fair and equitable result. Following identification, an expert determined collective value on the sum of all marital assets.
In deciding how to divide the marital property, judges will consider various factors, including:
- The length 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
- 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 spouses income potential
- Non-marital 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
Consider hiring a Hilton Head Island Settlement Agreement attorney.
If you are experiencing a significant family impact it is critical to speak with an experienced family law attorney from Kiker Law Firm. Our skilled attorneys can help you avoid personal and/or property matters that may cost you money down the road, and will represent your best interests in resolving any financial complications that may arise. An attorney also can help avoid the possibility of one party claiming that s/he was taken advantage of because all facts were not disclosed.
The complicated issues require that your case be handled by a lawyer from Kiker Law Firm who is experienced in the specialized area of family law. For comprehensive legal representation and personal client service in family law, you can rely on the Kiker Law Firm. Making the decision of who should represent you is one of the most significant decisions that you may ever make and the Kiker Law Firm will assist you through every step providing a clear explanation of your rights and help you make the best decision regarding your case.
Dedicated to the Client
The attorneys at Kiker Law Firm have extensive experience in pursuing family law cases. We understand what you're up against and also know that many issues may not appear serious at first but that they may, in fact, plague someone for life. If you are confronted with important and trying family issues, it is vital that you speak with a competent family law attorney at Kiker Law Firm who can inform you of your rights.
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.
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