Everything to Know Before Hiring a Divorce Lawyer in Charleston SC

by | Mar 13, 2023 | Lawyer

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Before any person hire a divorce lawyer in Charleston SC, a person needs to take the time necessary to become as informed as possible regarding the entire divorce process. A person should not depend solely on the knowledge of the divorce lawyer. Being more informed on the overall process of the divorce process can lead to more savings as well as potentially a more favorable result in the divorce process.

Laws About Divorce

The first thing that a person should be familiar with before contacting a divorce lawyer in Charleston SC is the South Carolina Marriage and Dissolution of Marriage Act. This is the law that provides the guidelines for most divorce proceedings. Within this act is everything regarding divorce, child custody, and child support payments.

To start the divorce process in South Carolina, a person first needs to file a Petition for Dissolution of Marriage. This is filed at the local county court. Once the petition is filed, the spouse is then served the papers for the dissolution of marriage. The sheriff or a court representative is usually the person who serves the dissolution of marriage papers to the spouse.

Once the spouse has been served with the dissolution of marriage papers the next step is for the decision to be made by both parties whether or not the dissolution of marriage will be contested or uncontested. These are the two main categories for a divorce in South Carolina. Uncontested divorces obviously take less time and do not even require that all of the papers be filed, which can save a lot of money, as well.

Contested Divorce

Now if the divorce is a contested divorce, then the process can become a little more difficult. This is usually when a person needs to consider hiring a divorce lawyer in Charleston SC. They are well trained in the process for contesting a divorce. There are often a lot of things involved such as the splitting up of assets and liabilities, child custody, child support, and spousal support. Usually in contested cases, every single item is hotly contested by the other party, so having a good divorce lawyer can lead to a more favorable result.

The entire process for divorce proceedings can vary pretty greatly from case to case. That also means that it can be difficult for a divorce lawyer to make any kind of accurate estimate regarding overall costs for handling the divorce case. In most cases, the process will be attempted through discussion or mediation. If, after mediation, there are still issues that leave the divorce case unresolved, then this can lead to a trial in court. Of course, this is by far the more expensive path to go down. Sometimes that is the only alternative though.

The attorneys at the Phipps Law Firm practice family law in the state of South Carolina and in particular, the greater Charleston area. Practice areas include personal injury, divorce, criminal defense, small business, as well as works as a divorce lawyer in Charleston SC.