Abandonment Divorce Attorney in Rock Hill, SC
Ready to Help You Move On
The end of a marriage is always a difficult event. In some marriages, the end is not an emotional conversation with your spouse but rather abandonment and silence. When faced with an abandonment divorce, the dissolution of the marriage may seem overwhelming and confusing during an already difficult time. In order to file for an abandonment divorce in South Carolina, the situation has to meet the requirements set forth by the state. With the help of an experienced abandonment divorce attorney in Rock Hill, SC, navigate this complex legal matter with someone there to guide you. By working closely with abandonment divorce lawyers, it may be possible to deal with this sensitive matter in a timely manner. You deserve closure on your failed marriage. Abandonment divorce attorneys in Rock Hill, SC, are here to help you move on in a legal sense.
What is an Abandonment Divorce in South Carolina?
In order for a divorce to be filed as an abandonment divorce in South Carolina, the abandoned spouse must be able to prove the following to the courts:
- Your spouse left the marital residence for a year or longer prior to filing for divorce.
- Establish that the leave from the marital residence was without your consent.
- Show that your spouse has no intention of returning to the marital relationship.
- Your spouse provided no financial support (spousal support) during the separation.
While every marriage is unique and complex, these are the specifics of a spousal abandonment divorce. If you are unsure if your situation counts as spousal abandonment, speaking with an experienced abandonment divorce lawyer is always the first step in the right direction. Family law attorneys will be able to work with you to determine abandonment as it applies to your marriage and situation.
What is the Difference between Abandonment and Separation?
The main legal distinction between abandonment (also commonly called desertion) and separation is that separation does not require fault from either spouse. A separation leading up to a divorce can be deemed as irreconcilable differences while living apart (one spouse leaves the marital home) for one year or longer prior to filing for divorce. Unlike a separation, where both parties agree to live apart, marital abandonment happens when one spouse legally “leaves” the other spouse per the criteria outlined by the state. Another difference between the two is that separation allows for certain legalities (child custody, spousal support, child support, etc.) to be outlined during the separation, whereas a spousal abandonment does not consider the well-being or finances of the abandoned spouse and any dependent children through financial support or child custody. There may be other legal nuances worth discussing in determining if abandonment or separation is right for your marriage. An experienced abandonment divorce lawyer may be able to help you move forward by explaining all available legal options.
What are the Grounds for Divorce in South Carolina?
South Carolina allows for both no-fault and at-fault divorces. A no-fault divorce is a mutually agreed-upon dissolution of the marriage where neither spouse is to blame. An at-fault divorce means one spouse puts the blame for the dissolution of the marriage on the other spouse. In order to file for an at-fault divorce in South Carolina, it must fall under one of the following: abandonment, habitual drunkenness, adultery, or physical cruelty (sometimes called domestic violence). Emotional abuse, substance abuse, and certain criminal charges may also fall under these grounds for divorce. A divorce may use several of these claims as part of the legal team’s strategy to prove to the judge that their client has grounds for an at-fault divorce. It is important to note that a no-fault divorce tends to be much quicker than an at-fault divorce since blame must be established. In most spousal abandonment divorce cases, the abandoned spouse has already waited the obligatory year of the other spouse living outside of the marital home, which means the actual divorce process should feel quicker compared to the year of waiting in silence.
How Can an Abandonment Divorce Lawyer Help Me?
As someone familiar with all aspects of family and divorce law, an experienced marital abandonment divorce lawyer will be able to work closely with you on all aspects of this difficult time. Many people are overwhelmed by the thought of proving abandonment to the courts. A divorce lawyer will act as your guide and legal counsel throughout the entire process. The legal system can be complex, but your lawyer works to actively communicate with you about all of your available legal options during this difficult time. Aside from explaining the legal aspects of your situation, an experienced divorce lawyer will also act as your legal representative before the judge overseeing the divorce proceedings. If you were the dependent spouse, a lawyer may work with you on how to receive spousal support from the abandoning spouse following the divorce. If you are unsure how a divorce lawyer may be able to help you, speaking with one about your situation is a good place to start.
Seek Legal Help Today
Regardless of the circumstances surrounding the abandonment, experienced divorce lawyers may be able to help. With the legal guidance of family law lawyers familiar with abandonment divorce, move on from your situation in a timely manner, so you can get on with your life. Whether looking for a consultation or full representation, our law firm is ready to work with you to find a solution to your legal problems. Contact us at 803-324-9009 today to get started.