Family Law FAQ
FAQs About Family Law in Greenville, South Carolina
Family law issues can be confusing and complicated. As you explore your divorce options, negotiate a child support matter, or approach another family law issue, you will likely have several questions about these topics. Let’s take a look at some of the most common family law questions that individuals and families face in Greenville, South Carolina. For more customized legal guidance, please contact our office to learn more.
Do We Need to Separate Before We Divorce?
In order to obtain a no-fault divorce in South Carolina, you and your spouse must be separated for at least one year before the divorce can be finalized. Although you do not have to legally separate, you must be able to clearly demonstrate that you and your spouse have been living apart (i.e., at separate residences) for at least one full, uninterrupted year.
Do My Spouse and I Need to Hire Different Divorce Attorneys, or Can You Represent Us Both?
It may seem logical that one attorney could help both parties work through the divorce process, but this is not the case. In fact, it is considered unethical for one lawyer to represent both parties in a divorce, even if the separation is an amicable one. You and your spouse will both need to retain different attorneys of your choosing in order to move forward with your divorce.
What Happens If I Don’t Win Custody of My Children? Can I Still See Them?
It can be devastating to learn that the other parent has received full custody of your children. However, this ruling does not automatically mean that you will not be able to see your children or spend time with them. Barring any incidents of violence or any other unacceptable parental behavior (such as drug addiction or a history of abusive behavior), most judges in South Carolina will grant visitation privileges to the noncustodial parent to ensure that the child has opportunities to connect with both parental figures.
Is Legal Custody Different From Physical Custody?
When it comes to child custody matters, there are several considerations that must be recognized as the two parties finalize the terms of their divorce. Legal custody refers to a parent’s right to make important decisions for their children regarding healthcare, education, religious upbringing, and other considerations. Physical custody refers to a parent’s right to care for the child and have their child live with them. For example, the court may award one parent sole physical custody of the child but still grant joint or partial legal custody to the other parent. If you have questions about the child custody determination process in Greenville, South Carolina, contact our law firm today.
What Is the Difference Between Legal Adoption and Child Custody?
The term “custody” means the establishment of a legal relationship between an adult and child in which the adult may make important decisions regarding the child’s welfare without severing the legal parental rights of the child’s existing parents. In contrast, when an adult adopts a child, the parental rights of the child’s previous parents or guardians are vacated.
How Can I Get My Ex-Spouse to Pay Me Spousal Support?
First, it’s important to recognize that alimony (also known as spousal support) does not apply to every divorce or separation. Alimony payments can be particularly helpful when one spouse needs additional financial support in order to ease the transition to their post-divorce reality. For instance, a spouse who may have foregone a career during the marriage in order to raise children or maintain the home would likely benefit from monthly spousal support to help with the adjustment until they can find a new job and steady source of income. We can help you make your case for spousal support so that you can enjoy the financial stability you need to move forward and into your life’s next chapter.
What Factors Are Used to Calculate Child Support in Greenville, South Carolina?
When one parent serves as the primary custodial parent, the court will usually require the noncustodial parent to pay some amount of child support to assist with the costs associated with raising and caring for the child. As the judge reviews a specific case, they will consider a number of factors to determine the appropriate amount of child support that the noncustodial parent will pay to cover some of the child-raising costs. Factors like each parent’s monthly income and earning potential, the needs of the child, and the standard of living the child experienced before the divorce will all play a role in calculating the amount of child support owed. If you have questions about a child support matter, give us a call for the customized and effective legal guidance you’re looking for.
My Child Just Went Through a Divorce and Now I Cannot See My Grandchildren. Can You Help?
We recognize how powerful the bond between a grandparent and their grandchild can be. Unfortunately, a contentious divorce may have derailed your precious time with your grandchildren, or you may have valid concerns about the well-being of your grandchildren during this turbulent time. We are here to help you understand your legal rights as a grandparent, and we are prepared to help you enforce these rights to ensure that your grandchildren are able to grow and thrive under your care. We encourage you to reach out to Ronald S. Clement Attorney at Law today to learn more about how we can advocate on your behalf and help you secure your desired outcome.
I Have More Questions About a Family Law Issue I’m Currently Facing. Can You Help Me?
Arguments and major decisions that affect your family are among the most challenging to deal with, as these matters tend to be highly sensitive and leave you feeling vulnerable. As overwhelmed as you may feel right now, you are never alone in figuring out what steps to take or what decisions to make. At Ronald S. Clement Attorney at Law, your needs always come first. Our client-centered approach allows us to listen carefully to your unique concerns so that we can identify the most strategic path forward to secure you a fair and favorable outcome. Reach out to our Greenville, South Carolina office today to get started.