Charleston, SC Divorce Attorneys

Whether you or your spouse are seeking a divorce, or you have mutually chosen to end your marriage, the decision is never an easy one. Divorce closes an important chapter of your life. The right divorce attorney can make that ending less difficult and ensure that you have a strong foundation on which to build a new beginning, especially if you have children.

The same South Carolina divorce laws apply to every case in the state, but no two divorces are alike, because the families and facts involved in each divorce are unique. You deserve to work with experienced divorce attorneys who understand your circumstances and needs as well as the law and will help you achieve the best possible outcome for your family.

At Brinkley Law Firm, LLC, our motto is “Keeping Families First.” Family law, including divorce, is our exclusive focus. We take pride in offering a variety of divorce processes to meet our clients’ needs, including mediation, Collaborative Divorce, and litigation. We will help you explore your options and prepare you for what to expect from the South Carolina divorce process.

Brinkley Law Firm is experienced in dealing with a wide variety of circumstances in divorce matters, including military divorce and high-asset divorce and cases involving prenuptial agreements.

How a Divorce Attorney Can Help You Get a Divorce in South Carolina

South Carolina divorce law, unlike the law of most other states, does not allow spouses to get an immediate no-fault divorce. One or both spouses must have grounds (a legally acceptable reason) for divorce. Grounds for divorce in South Carolina include:

  • Adultery
  • Physical cruelty
  • Desertion
  • Habitual drunkenness
  • One-year separation

If you do not have grounds for divorce at the time you want to file, Brinkley Law Firm can file an action for Separate Maintenance and Support. That will allow the court to order alimony, child custody and support, and to apportion marital bills until you can file for, and be granted, a divorce. While we are waiting to file for divorce, we will gather information on your spouse’s assets and character that may strengthen your eventual case.

Resolving Issues in a Divorce with a South Carolina Divorce Attorney

Divorce ends a marriage, but it does much more than that. A South Carolina divorce divides the parties’ assets and debts, determines child custody and child support, and may establish alimony. Most of the time, spouses are able to reach agreement on how to resolve these issues at some point in the divorce process.

At Brinkley Law Firm, we encourage and support our clients in reaching a divorce settlement that will work well for them. Reaching agreement allows spouses to customize the terms of their divorce to their family’s needs, and conserves resources by eliminating the need for a costly trial.

There are times, however, when spouses cannot or will not negotiate a mutually agreeable settlement. The divorce attorneys of Brinkley Law Firm are experienced litigators, well-equipped to advocate for our clients in the courtroom regarding any disputed issues.

Child Custody and Visitation

Some of the most difficult issues for many parents to resolve are child custody and visitation: how parents will spend time with and make decisions for their children. In South Carolina, child custody and visitation are determined based on what is in the best interests of the child.

Child Support

In South Carolina, as in most states, child support is determined by formula. The formula yields a suggested child support amount based on factors including the parents’ incomes, the cost of childcare, and the obligation to support not only children from the marriage, but from other relationships.

Alimony

Unlike child support, alimony in South Carolina is not determined by formula, but courts do take many factors into account when deciding whether to award alimony, how much, and for how long. These factors include each spouse’s need and ability to pay alimony; the duration of the marriage; and marital misconduct. There are different types of alimony, including rehabilitative, lump sum, and reimbursement alimony, to address different needs.

Distribution of Marital Property

Marital property includes the property accumulated by either spouse between the wedding day and the date one spouse filed for divorce, with limited exceptions. Marital debt is also divided in a divorce. South Carolina courts order an equitable division of property in a divorce. Equitable means fair under all of the circumstances, but often does not mean exactly equal.

Many of these frequently-disputed issues in a South Carolina divorce are heavily fact-dependent. At Brinkley Law Firm, you will always find a divorce attorney that understands the evidence that is relevant to the court, and we work diligently to gather and present the information that will support our client’s position and lead to a favorable result.

Work With an Experienced Charleston Divorce Attorney

Divorce represents a major turning point in your life. Your choice of legal representation will have an impact on the outcome, including your relationship with your children and the resources you have to build your new life.

Work with a divorce attorney who is knowledgeable about South Carolina divorce law, experienced in dispute resolution and trial advocacy, and who will educate, support, and empower you at every step of the process. Contact Brinkley Law Firm, LLC today.