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Family Law

Helping Families Resolve Their Legal Matters
Payne Law Firm > Family Law

Payne Law Firm, LLC is committed to helping families in the Charleston area resolve their legal matters in a dignified and respectful way. The breakdown of a long-term relationship is a sensitive and personal matter. We are zealous advocates for our clients and tailor our approach based on the needs of our clients. We are dedicated to exploring all of your available options, which include:

  • Litigation
  • Collaborative Law
  • Mediation
  • Arbitration

At Payne Law Firm, LLC, our family law practice areas include:

  • Litigation
  • Divorce
  • Custody
  • Name Changes
  • Adoption
  • Wills
  • Whether you are going through a separation, divorce or child custody dispute in Charleston, Berkeley or Dorchester County, we are here with the experience to assist you.

    FAQ

    When can I file for divorce in South Carolina?

    You are eligible to file if one of the spouses is a resident of the state for a minimum of one year. If both spouses are residents of the state, you are eligible to file if you have resided in the state for three months. When it comes to finding a family law attorney who can really help you understand the process, Payne Law Office is here to make things as simple and easy as possible. We are the family lawyers Charleston you can trust!

    What are the “grounds” for obtaining a divorce in South Carolina?

    You are eligible to obtain a divorce in South Carolina if you have remained continuously separate and apart for one year. Additionally, South Carolina recognizes adultery, desertion, physical cruelty and addiction to drugs or alcohol. Understanding what constitutes sufficient grounds for divorce in South Carolina can be difficult, so we encourage you to consider us as your family lawyers in Daniel Island SC and Charleston SC. Our Charleston SC law firm has the experience and knowledge you need.

    How does the Court determine an award of alimony?

    South Carolina Courts consider the following factors when determining the amount of alimony awarded:

    The duration of the marriage and the age of the parties.
    The physical and emotional condition of the parties.
    The educational background of the parties along with the need of each for additional training or education.
    The employment history and earning potential of each spouse.
    The standard of living established during the marriage.
    The current and reasonably anticipated expenses and needs of each spouse.
    The current and reasonably anticipated earnings of each spouse.
    The marital and non marital properties of each spouse.
    Custody of the children.
    Marital misconduct.
    Tax consequences.
    Existence of support obligations from prior relationship.
    Such other factors that the Court considers relevant (a qualified Charleston SC divorce lawyer such as Payne Law Office can help you determine the factors)

    Property Division

    What is considered marital property and how does the court divide property?

    Marital property is property that is acquired during the marriage. Property that was acquired by the parties prior to the marriage is considered non marital property. The Court considers the following factors when determining property distribution in South Carolina:

    The duration of the marriage and age of the spouses.
    Marital misconduct.
    The value of each party’s marital property.
    The income of each spouse.
    The physical and emotional health of each spouse.
    The need for additional education.
    The non marital property of each spouse.
    Vested retirement benefits.
    Whether alimony has been awarded.
    Desirability of awarding family home to custodial parent.
    Tax consequences.
    Existence of support obligations from prior relationship.
    Liens and encumbrances on marital property.
    Child custody arrangements.
    Such other factors that the Court considers relevant (a qualified Charleston SC
    divorce attorney such as Payne Law Office can help you determine the factors)

    How is Child Support calculated?

    The South Carolina legislature has established child support guidelines. The guidelines take into consideration the income of both parties, health insurance premiums, work related childcare expenses, and extraordinary medical expenses.

    What else should I know about filing for divorce in South Carolina?

    If you’re looking for law firms in Daniel Island SC or a lawyer in Charleston SC that can expertly handle your divorce and answer the questions you have about the proceedings, we can help you navigate the process. Divorce is difficult by nature, but family law experts are here for you. Call us today to learn more.

    Do you need further assistance?