Domestic Violence Divorce Attorneys in Rock Hill, SC
Here to Help You
Divorce is always an emotional journey. When someone suffers domestic violence at the hands of a spouse, it can be an especially troubling divorce case to navigate on your own. With the help of experienced domestic violence divorce attorneys in Rock Hill, SC, finding closure to this difficult chapter in your life could be just around the bend. From taking the first steps to representing you in a court of law, a domestic violence divorce lawyer may be able to help you break free and start over. Every divorce is complex and unique, but a domestic violence divorce is one of the few that may also include criminal charges as part of the divorce proceedings in certain cases. A family law lawyer familiar with this type of divorce is ready to help you move on and finalize the divorce.
Do I Need an Order of Protection?
One of the first steps when starting the divorce process with domestic violence present is to seek an order of protection. If domestic violence has occurred recently, you may already have a restraining order or order of protection in place as a result. If you do not have an order or protection in place, it is important to seek one. Not only does a domestic violence protective order ensure that your spouse is aware that you no longer feel safe, but it also signals to the court the validity of the domestic violence concerns. Domestic violence protective orders show an established history of domestic abuse or physical violence at the hands of your spouse. An order of protection also allows for other legal avenues to become available, such as temporary child custody orders, emergency spousal support orders, and post-separation support. If unsure about how an order of protection may be useful, speaking with domestic violence lawyers is a good place to start.
Is Domestic Violence Grounds for Divorce in South Carolina?
South Carolina is a state that allows for both no-fault and at-fault divorce. In a no-fault divorce, a couple may choose to divorce without assigning blame to one spouse. In an at-fault divorce, one party assumes the blame for the breakdown of the marriage. Within the at-fault divorce category, the courts allow for the following reasons for a divorce: cruelty, habitual drunkenness, adultery, and abandonment. Domestic violence counts as cruelty, which means your domestic violence divorce will automatically fall under the at-fault divorce case type. This means that you will need to prove that your spouse committed domestic violence in order for them to be to blame for the divorce. Domestic violence divorces may also include criminal charges against the offender, which is why working closely with domestic violence lawyers on this complex legal matter is crucial.
How Does Domestic Violence Impact Divorce Cases?
In a domestic violence divorce, you will still deal with common legal aspects of a typical divorce, such as alimony, child custody, child support, division of marital property, and other pertinent legal matters. However, a domestic violence divorce will handle these matters in a way that protects the safety of the victims. For example, if your spouse has been convicted of a domestic violence charge, the judge may be willing to award temporary sole custody to you as the parent who was the victim of domestic violence. A judge will also consider the domestic violence one spouse suffered when deciding what is fair to both parties when dividing marital property and assets. In some instances, a judge may decide that the victim deserves more than half due to the physical and emotional damages of domestic violence. It is important to work closely with a divorce lawyer when navigating such sensitive legal matters.
How Can a Domestic Violence Divorce Lawyer Help Me?
In addition to assisting with where to start in a domestic violence divorce case, an experienced family law attorney acts as an advisor and advocate for domestic violence victims. Experienced domestic violence lawyers work on behalf of their clients to make this difficult time more manageable. Aside from answering your legal questions, your lawyer will also act as your representative with your spouse’s legal team during the course of the hearing before a family law judge. Working closely with clients, family law attorneys handling domestic violence cases work with the legal system to secure the best possible outcome for the victims of domestic violence in divorce. Best of all, a family law lawyer will be able to assist with all aspects of the divorce, such as child custody, child support, alimony or spousal support, division of assets, and more.
Find Legal Counsel When You Need It Most
Divorce is never easy. When you are divorcing due to domestic violence, an already difficult situation may feel insurmountable. With the help of domestic violence lawyers, survive this emotional experience and take back your future. Our law firm offers aggressive yet compassionate legal care when you need it most. From putting together a compelling case to fighting on your legal behalf, you deserve domestic violence lawyers who are ready to help you move forward. Contact us at 803-324-9009 today for more information about legal representation.