Experienced Family Lawyer Bluffton SC

South Carolina recognizes both uncontested and contested divorces, providing options to couples going through the dissolution of their marriage. Uncontested divorces are possible when there are no disputes regarding any aspect of the separation, and both parties have lived apart continuously for a minimum of one year. 

On the other hand, contested divorces are more prevalent and can be categorized as "no-fault" or "at-fault." Resolving a contested divorce in family court entails presenting arguments and evidence to persuade a judge to make decisions concerning contentious matters like child custody, property division, debt allocation, child support, and more. In such cases, we are prepared to represent you throughout the divorce process, advocating aggressively to safeguard your interests.

In most cases, parents have the opportunity to come to their own custody agreements. However, if an agreement cannot be reached, the family court will step in to make a decision regarding custody arrangements. Physical custody determines the primary residence of the child, while legal custody addresses who holds the authority to make significant life decisions. It is common for parents to seek both primary physical and legal custody for their child. At our firm, we are dedicated to assisting you in advocating for the best interests of your child and your family, ensuring that your rights are protected throughout the custody process.

In cases where one parent is not granted primary physical custody, it is common for them to be obligated to provide regular child support payments to the custodial parent who takes care of the child's day-to-day needs. When it comes to child support matters, we are here to support you in seeking a fair resolution. Our dedicated team is experienced in advocating for your rights and interests in child support proceedings. Additionally, we can assist you in pursuing modifications to existing child support arrangements or taking necessary steps to enforce payment in instances of noncompliance.

As part of a divorce settlement, it is possible for one party to be obligated to provide alimony payments to their former spouse. Alimony is often required to support the financial independence of the recipient until they can establish their own self-sufficiency. The family court takes various factors into account, including "at-fault" elements such as adultery, when determining alimony and spousal support arrangements. Factors considered by judges include the duration of the marriage, the employment history and financial resources of each party, and the standard of living established during the marriage. At our firm, we offer assistance in negotiating alimony terms, enforcing spousal support orders, and pursuing modifications to existing alimony arrangements when necessary.

In cases where primary physical custody is not awarded to both parents, the noncustodial parent is typically granted visitation rights to ensure meaningful and unrestricted contact with their children. It is essential for custodial parents to adhere to court-ordered visitation arrangements. If you are facing unwarranted denial of visitation, our team is here to provide assistance. We are dedicated to helping you assert your rights and can guide you through the process of addressing inappropriate denial of visitation. Additionally, we can support you in requesting modifications to existing visitation orders when necessary.

If you have experienced physical abuse or threats from your spouse, there is a possibility of obtaining an order of protection from the family court in South Carolina. In urgent situations, an emergency order can be issued prior to a formal hearing, effectively preventing the abusive spouse from contacting you or your children. Following a formal hearing, a final order of protection can be granted, providing the recipient with temporary physical and legal custody of any children and temporary possession of any shared residence. Additionally, the order may entail temporary support payments from the abusive spouse and prohibit them from selling, destroying, or disposing of any shared assets. Our team is here to support you in seeking an order of protection and will represent you during the hearing process to ensure your rights and safety are prioritized.