Divorce & Separation

Divorce is never easy.  Many times, it is the worst event that has happened in a person's life to that point. It can be all consuming, emotionally devastating and very expensive with many layers and moving parts. We at Barrett Mackenzie understand what you are facing, and we are here to help you navigate the difficulties that come with separation and divorce. 

 

There are many issues to consider and many decisions that must be made when a person decides to separate and divorce, but there are also certain requirements that must be met. Jurisdiction, venue, and grounds for divorce are all elements of the analysis on how, and where, a case will move forward. The grounds for divorce in South Carolina are adultery, physical cruelty, habitual drunkenness, separation for a period of one year and desertion for a period of one year. If neither party can meet the elements to establish a fault ground for divorce when they separate, then the parties will proceed with an action for separate maintenance and support, which is a legal separation in South Carolina. The family court can consider all relevant, substantive issues in any case where the parties are seeking divorce or separate maintenance and support. 

  

The more substantive issues such as, but not limited to, child custody and visitation, alimony and spousal support, child support and property division must also be considered in any case for divorce or separate maintenance and support. Whether to proceed with contested litigation or try to reach a negotiated settlement will also be a factor that you and your lawyer will decide together. At Barrett Mackenzie, we have years of experience in dealing with all of the issues that you will face when you separate or divorce, and we are here to help by giving you competent, sound legal advice to enable you to move forward through the process and make intelligent, well-informed decisions.

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