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Going through a divorce is one of the most frustrating experiences of your life, your spouse's life, and your child's life. It is important not to take the divorce process personal. An individual can not help but to take it personal especially since one party may be forced to give up a great deal. However, it is even more important to recognize that the divorce process is totally new to the children of the marriage, and when the parents decide to no longer live as husband and wife, this has the potential of hurting the children emotionally. Both parents must realize that the divorce is not the fault of the children, and they should not be used to hurt or cause problems to the other parent. The child's best interest should govern the parent's conduct.
Grounds for divorce
Do I have to get a Divorce right now?
The answer is No. You can always petition the court to get an order to live separate and apart if you have proper grounds to do so.
- Adultery: Opportunity and Inclination to commit adultery equates a prima facie case for adultery.
- Desertion: After one party leaves the other party for a period of at least one year (rarely used as a ground for divorce).
- Physical cruelty
- Habitual drunkenness: (both alcoholism and drug abuse) (“in order to prove habitual drunkenness, there must be a showing that the abuse of alcohol caused the breakdown of the marriage and that such abuse existed at or near the time of filing for a divorce.” Fisher v. Fisher 276 S.C. 375, 278 S.E.2d 780 (1981)).
- Separation for a period of one year: (No Fault) Either party, Husband or Wife, can apply for a divorce after the couple has lived separate and apart for a period of one year or more. Generally, if not always, the courts want a witness to corroborate the one year of living apart from one another.
Child Support: The Department of Social Services for the state of South Carolina has set guidelines for the Court's to follow when determining which parent is to pay child support and how much that parent is to pay. The link below will take you to the child support calculator for the state of South Carolina.
Types of Alimony:
- Permanent Periodic: Generally, Permanent Periodic refers to monthly payments paid to one spouse from the other.
- Lump Sum: Generally, Lump Sum is a determined set amount that can be paid in one installment or over a period of time.
- Rehabilitative: Generally, rehabilitative refers is to provide for additional training, education, or for support while one spouse obtains the needed training or education.
- Reimbursement: Generally, Reimbursement alimony is awarded or agreed upon by the parties to payback or reimburse one spouse for their contributions to the other spouse enhanced or increased income potential. (i.e. worked and supported spouse while the spouse finished law school or medical school)
Separate maintenance and support: Before the Divorce is granted by a Family Court, the Family court generally issues a temporary order that could order one party to pay the other spouse a form of alimony called Temporary Maintenance or Separate Maintenance until a final hearing is held. This is to support the spouse that is in need of financial help when the other spouse can afford it.
I strongly recommend to my clients that they should consider marriage counseling before seeking a divorce. However, if you or a loved one are in danger you must act now in order to protect yourself and your loved one(s).
There are several government assistance programs to help those in need.
