available 24/7
contact me today
Menu
- Home
- About
- Practice Areas
- Locations
- Blog
- Resources
- Contact Us
close
available 24/7
contact me today
- Home
- About
- Practice Areas
- Locations
- Blog
- Resources
- Contact Us
Not every divorce ends with spouses agreeing on property, finances, support, and parenting arrangements. When spouses cannot resolve one or more important issues, the divorce may become contested and require the South Carolina Family Court to decide those matters.
A contested divorce can involve much more than determining whether the marriage should legally end. The parties may disagree about child custody, alimony, the family home, retirement accounts, debts, or other significant issues.
For people considering divorce in Charleston, understanding how a contested case proceeds can make the process more manageable and help them prepare for the decisions ahead.
A divorce is contested when the spouses disagree about issues that must be resolved before the case can be completed.
The disagreement could involve the grounds for divorce or financial and family issues connected to the marriage.
Common contested issues include:
A case does not necessarily remain contested forever. Spouses can reach agreements while litigation is pending, potentially reducing the number of issues that eventually require a judge's decision.
Our Charleston divorce lawyers can help clients identify the disputed issues and determine how to approach them throughout the South Carolina divorce process.
South Carolina recognizes five statutory grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness, and living separate and apart without cohabitation for one year.
The first four are commonly described as fault-based grounds. The one-year continuous separation ground allows a divorce without proving marital fault.
The ground selected can affect how a Charleston divorce proceeds.
A spouse seeking a fault-based divorce generally must present sufficient evidence establishing that ground. When the parties dispute the allegations, evidence and witness testimony may become particularly important.
Fault can also have consequences beyond simply obtaining the divorce. For example, South Carolina law restricts an award of alimony to a spouse who commits adultery before certain specified events in the marital litigation.
A contested divorce generally begins when one spouse files pleadings with the appropriate South Carolina Family Court and the other spouse is formally served.
The responding spouse then has an opportunity to file an answer and potentially assert claims of their own.
The pleadings help define the issues the Family Court may need to resolve.
A contested Charleston divorce can involve requests concerning:
South Carolina Family Court has jurisdiction over divorce, custody, visitation, support, alimony, and division of marital property.
Final divorce cases can take time to resolve. Families often need rules in place while the litigation is pending.
A temporary hearing allows the Family Court to address immediate issues before a final agreement or trial.
Depending on the case, temporary relief may concern:
Temporary orders can have a substantial practical effect because they establish how the family operates while the divorce continues.
A Charleston spouse preparing for a temporary hearing should therefore take it seriously and provide accurate information concerning finances, children, and other relevant circumstances.
South Carolina follows an equitable apportionment system for marital property.
"Equitable" does not automatically mean that every asset is divided exactly 50/50.
South Carolina law directs the Family Court to consider numerous factors when dividing marital property. Those factors include the duration of the marriage, marital misconduct under circumstances specified by law, the value of marital property, each spouse's contributions, income and earning potential, health, nonmarital property, retirement benefits, support obligations, debts, and child custody arrangements.
A spouse's contributions are not limited to earning income. South Carolina law expressly recognizes contributions as a homemaker when considering equitable apportionment.
In a contested Charleston divorce, significant disputes may arise over whether property is marital, what an asset is worth, and how it should ultimately be divided.
Valuation can become one of the most complicated parts of a contested divorce.
A bank account may have a readily identifiable balance. Other assets are harder to value.
Disputes frequently involve:
Experts may sometimes be needed to determine value or trace financial transactions.
The parties may also disagree about whether an asset is marital or nonmarital. Property acquired before marriage, inheritances, and gifts from third parties can raise separate-property questions, but the way an asset was handled during the marriage may affect the analysis.
Detailed financial records are often essential.
When parents cannot agree on custody, the Family Court determines an arrangement based on South Carolina law and the child's best interests.
Custody litigation can address both decision-making authority and the schedule for the child's time with each parent.
Evidence may concern matters such as the child's needs, each parent's relationship with the child, the stability of each household, parenting history, and other circumstances relevant to the child's welfare.
Parents in a contested Charleston divorce should avoid treating custody as a competition between adults.
The Family Court's focus is the child's best interests, not which parent can make the strongest accusations against the other.
Written communications, school information, medical records, parenting schedules, and other documentation may become relevant depending on the dispute.
Alimony is another issue that spouses may be unable to resolve themselves.
South Carolina law permits several forms of alimony and directs courts to consider statutory factors when determining whether an award is appropriate.
Those factors include the duration of the marriage, the parties' ages and health, educational backgrounds, employment histories and earning potential, standard of living during the marriage, current and anticipated expenses, property, custody arrangements, and other relevant circumstances.
Marital misconduct can also matter.
Most notably, South Carolina law provides that alimony may not be awarded to a spouse who commits adultery before the earliest of either the formal signing of a written marital settlement agreement or entry of specified permanent orders.
That rule can make allegations of adultery particularly significant in some Charleston divorce cases.
Not necessarily.
"Contested" means unresolved issues exist. It does not mean a trial is inevitable.
The parties may exchange information, conduct discovery, negotiate through their attorneys, participate in mediation, and reach agreements on some or all disputed matters.
If an agreement is reached, it can be presented to the Family Court for approval.
Issues that remain unresolved may ultimately need to be decided by a Family Court judge.
At trial, each side can present admissible evidence and testimony concerning the disputed matters. The judge then makes findings and enters an order resolving the issues before the court.
Organization can make a significant difference.
A Charleston spouse considering or facing contested divorce litigation should begin preserving relevant records rather than waiting until documents become difficult to obtain.
Potentially important records include:
Parents may also need records concerning school, healthcare, childcare, and existing parenting arrangements.
Avoid destroying records, hiding assets, or making unusual financial transfers. Those actions can create additional disputes and damage credibility.
A contested divorce can require the South Carolina Family Court to resolve important questions involving children, property, support, and the financial future of both spouses. Preparing evidence and understanding which issues are genuinely disputed can help keep the case focused.
If you are dealing with a contested divorce in Charleston, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
