Divorce Lawyers In Lexington, SC

Facing divorce can feel overwhelming, but having the right information and legal support makes all the difference. At The Kinard Law Group, our attorneys understand that every divorce situation is unique, and we are committed to helping you understand your options and rights throughout this challenging time. This comprehensive guide will walk you through everything you need to know about divorce in Lexington, from the legal process to your available options, so you can make informed decisions about your future.

The Divorce Process In Lexington: A Step-By-Step Guide

The divorce process in South Carolina follows a specific legal framework that begins with filing the initial paperwork.

The divorce process begins when one spouse files a Complaint for Divorce with the family court, outlining the legal basis for the divorce and specifying any requests regarding child custody, spousal support or asset division.

After filing, the other spouse must be properly served with divorce papers, either through personal service or certified mail. The served spouse then has 30 days to respond with an answer, which may include counterclaims for relief.

Following the initial filings, both parties enter the discovery phase, where financial information and relevant documents are exchanged. This step is crucial for determining asset division, support obligations and custody arrangements.

Many couples attempt to resolve their differences through negotiation or mediation before proceeding to trial. Mediation involves a neutral third party who helps facilitate discussions and potential agreements between spouses. If mediation is unsuccessful, the case proceeds to a final hearing where a judge makes binding decisions on all contested issues.

Types Of Divorce In Lexington

South Carolina offers several divorce options, each suited to different circumstances and levels of cooperation between spouses.

• No-fault divorce allows couples to divorce based on living separate and apart for one year without cohabitation and without needing to prove wrongdoing by either spouse. This option eliminates the need to assign blame and often leads to a more amicable dissolution of marriage.
• Fault-based divorce requires proving specific grounds such as adultery, physical cruelty, habitual drunkenness or desertion. While fault-based divorces can potentially affect property division and alimony decisions, they typically involve more complex litigation and higher legal costs due to the burden of proof required.
• Divorce mediation uses a neutral mediator to help couples work through their disagreements and reach mutually acceptable solutions. Mediation can be an effective way to resolve conflicts while maintaining some control over the outcome.

Understanding these different approaches will help you choose the path that aligns with your specific situation, priorities and relationship dynamics.

Experienced Guidance Throughout The Divorce Process

Clients appreciate our practical, commonsense approach to all divorce issues, including:

• Legal and physical child custody
• Visitation rights
• Child support
• Alimony/spousal support
• Division of property

South Carolina recognizes no-fault and fault-based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation for at least one year.

The fault-based grounds for divorce are adultery, habitual drunkenness, physical cruelty and abandonment. Abandonment is rarely used as a ground for divorce. Mental abuse/cruelty is not a basis for a divorce in South Carolina. To get a fault-based divorce, you must meet the burden of proof to show that the fault-based ground exists.

Contact The Kinard Law Group Today

Divorce decisions will impact your future for years to come. Do not face this challenging time alone. Please call us at 803-359-1003 or contact us online to schedule a consultation to discuss your divorce options. Our attorneys will review your specific situation, explain your options and help you develop a strategy that protects your interests and those of your children.