Menu
Menu
Menu
(803) 329-0400
1420 Ebenezer Rd #104 Rock Hill, SC 29732
One of the most difficult decisions for parents contemplating separation or divorce is how to navigate custody of the children and visitation. In South Carolina, child custody can be granted to parents or, in some cases, third parties. When determining custody, the court is focused solely on what is in the child’s best interest. It is no longer true that mothers have an advantage over fathers in custody disputes, so both parents have equal opportunity at the beginning of a custody dispute. Having an experienced attorney at the beginning of your case is critical.
During the litigation, the best interests of the children involved require that we balance their exposure to the process with the need to maintain some semblance of normalcy and security. In most cases, the Court will appoint a Guardian ad Litem to conduct an impartial investigation addressing the factors the Court must consider in deciding issues of custody and visitation.
While not a perfect solution to insulating children, the Guardian ad Litem has the ability to “speak” on behalf of the best interests of the children, without the bias or agenda of well-meaning parents or caregivers. There are many factors that influence custody orders and a South Carolina divorce attorney can best advise you of your rights.
South Carolina laws do not require a court order to start a period of separation. In South Carolina, parties are considered separated when they no longer live in the same house. The one-year period of separation necessary for a divorce can be completed before any legal action is taken.
At times, however, the inability to reach consensus or make important decisions that allow the family to continue functioning effectively necessitates court intervention. In those situations, when the parties cannot agree on the issues that impact daily living, an Order of Separate Maintenance and Support is available, where financial obligations, child custody responsibilities and property distributions are determined.
Whether the parties intend to divorce eventually, or simply desire to live separate and apart without divorce, after a consultation, you might find that this option will best meet the needs of you and your family.
South Carolina laws do not require a court order to start a period of separation. In South Carolina, parties are considered separated when they no longer live in the same house. The one-year period of separation necessary for a divorce can be completed before any legal action is taken.
At times, however, the inability to reach consensus or make important decisions that allow the family to continue functioning effectively necessitates court intervention. In those situations, when the parties cannot agree on the issues that impact daily living, an Order of Separate Maintenance and Support is available, where financial obligations, child custody responsibilities and property distributions are determined.
Whether the parties intend to divorce eventually, or simply desire to live separate and apart without divorce, after a consultation, you might find that this option will best meet the needs of you and your family.
Mediation is the alternative dispute resolution process wherein a neutral third party helps opposing parties reach an agreement of their contested issues. In South Carolina, mediation is mandatory to try and resolve issues prior to the final hearing if parties cannot reach a resolution on their own. This helps to alleviate the burden on the courts, as most cases can settle when parties engage in good faith negotiation.
Cherie Barton has been a trained mediator in Rock Hill since 2006. Mediation allows parties to find the best resolution unique to their family and their individual needs. Mediation can help avoid unnecessary, prolonged litigation that frequently produces more emotional and financial costs.
Mediation provides the opportunity to control your own outcome while limiting emotional and financial expenses. While every case does not settle, Cherie Barton is committed to helping you find closure in a manner most beneficial to you.
In South Carolina, there are five grounds for divorce: living separate and apart for a period in excess of one year (also referred to “no fault”), adultery, physical cruelty, habitual drunkenness (alcohol and drugs, whether prescribed or not), and desertion for a period of one year. While the elements, procedures, and characteristics of individual cases may be similar, each case is uniquely different because of the facts involved.
The outcome of every case is specific to that case. If you ask five divorced friends for details of their divorce proceedings, you will absolutely get five different scenarios. The supporting evidence, the distribution of responsibility, the facts and circumstances surrounding custody, the length of the marriage, the incomes of the parties and the distribution of property are what makes each scenario different. For this reason, it is best to retain a South Carolina divorce attorney for specific advice regarding your case.
1420 Ebenezer Road, Suite 104
Rock Hill, South Carolina 29732
Information on this website should not be considered legal advice. Use of this website does not create an attorney-client relationship. For legal advice specific to your circumstances, please contact us to schedule a consultation.