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Experienced Fort Mill Divorce Lawyers

Compassionate Counsel to Guide You through the Process

After marrying the one they love, no one expects their marriage to end. Therapists, counselors, or skilled mediators can help you come to a resolution when marital troubles arise, but if worse comes to worst, you may be looking at a divorce. If that’s the case, you need help to get through the process as quickly and painlessly as possible. At Holland Law LLC, our Fort Mill divorce attorney has first-hand experience, as well as many years of practice in this legal area. We can be your advocate.

Need to know what to do next when your spouse files for divorce? Reach out to Holland Law LLC at (803) 500-4140 for an initial consultation.

What are the Grounds for Divorce in South Carolina?

South Carolina family law courts recognize five grounds for a divorce:

  • Adultery
  • Habitual drunkenness or substance abuse
  • Physical cruelty
  • Abandonment
  • No fault; parties live separately from each other for at least a year

Four of the grounds are classified as fault grounds and the fifth one is classified as a no-fault ground. The four fault grounds are adultery, physical cruelty, habitual drunkenness, and desertion. Evidence must be presented to prove any of the fault grounds for divorce. The no-fault ground for divorce is one-year separation. The parties must live separate and apart for one year to have a no-fault ground for divorce.

Sometimes divorce is your only option. But even if it’s the right thing for you and your children, that doesn’t always make it easy. While it’s possible for both parties to agree to all terms and arrange an uncontested divorce, it’s much more likely that you will need legal representation to argue for fair child custody and support, property division, or alimony.

How long does it take to get divorced?

The amount of time it takes to get divorced depends on the reason for the divorce.

If your divorce is based on the no-fault ground of living separate and apart from your spouse for one year and you have indeed lived separate and apart for a year, you are eligible to get a divorce immediately. However, unless the other spouse waives their right to 30 days to answer your complaint and their right to 10 days' notice of the final hearing, you will have to wait at least 40 days. This is assuming that there are no contested issues regarding custody, support, property division, etc.

It is technically possible to get divorced on day 366 after you separated from your spouse if all statutory notice requirements are waived and you can get your hearing scheduled. Realistically, if it is an uncontested divorce and you have lived separate and apart for the year, it will take approximately 60 days if everything goes well.

If your divorce is based on a fault ground, it is possible to have a final hearing 60 days after you have filed your complaint for divorce. However, a Judge may not sign a final divorce decree until 90 days after the filing of your complaint for divorce. This has only happened to one of my cases in my career. If all goes well and there are no other contested issues, it would be realistic for a fault-based divorce to take approximately 6 months if all goes well.

If anything is contested in your divorce, you can expect your divorce to take at least a year or maybe a few months more than year to become final.

If your divorce is complex, your divorce may take much longer. you do not have to be separated for one year to have your final hearing.

If you and your spouse can agree on terms, your divorce will go significantly faster.

Advocating for Fair Terms

South Carolina is not a “community property” state. This means assets aren’t split 50/50 between spouses in a divorce. The court decides how funds and property will be divided between the couple based on earning power, separate property ownership, and personal contribution. These factors may also affect alimony decisions.

Child custody and support are also decided based on the needs of the child and their relationship with each parent. For parents, this can be the most difficult part of the divorce to deal with.

You need a passionate advocate who will fight for your rights in family court. Holland Law LLC will make sure that the terms of your divorce are fair and equitable. When you need a divorce lawyer in Fort Mill, Rock Hill, Indian Land, or throughout York and Lancaster counties, reach out to us.

Don’t go without a voice in the courtroom. Call Holland Law LLC at (803) 500-4140 and pursue the best possible outcome.

Our Values

How We Fight For Your Family
  • Over 24 years
    of legal experience.

  • We treat your matter with
    integrity and respect.

  • Tom has extensive experience
    in the courtroom

  • Licensed in South Carolina
    and Virginia

  • Tom is a
    Certified Mediator.

Contact Holland Law LLC Today!

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