Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Bluffton, SC
People in today's society often don't see eye-to-eye on controversial topics, especially with the prevalence of social media platforms and discussion forums. But if there's one thing that most folks can agree on, it's that everyone's family is unique. Each member has their own journey, filled with changes, challenges, and life-changing circumstances. Sometimes, those events are joyous and worth celebrating, like graduating from college or having a new baby. Other times, those events can cause frustration and grief, like messy divorces.
If you're trying to keep your life together while dealing with a complex child custody case or contentious divorce, chances are you're hurt and confused. You probably have big questions about the future. You're wondering what's going to happen to your marriage, your children, your career, and more. You're over-stressed and in need of a strategy to resolve it. In times like these, relying on the compassion and expertise of a family law attorney in Bluffton, SC, can turn what seems like a hopeless situation into a much more manageable experience, given the circumstances.
At Cobb Hammett, LLC, we're acutely aware of the hardships that come with changes to your family dynamic, such as tension and emotional turmoil. Our team of family law attorneys is available to assist you in navigating these challenges and providing guidance on the most effective approach to your case. That way, you can move forward with confidence, and look ahead to a brighter future.
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Cobb Hammett, LLC: A Family Law Firm You Can Trust
At Cobb Hammett Law Firm, our family law attorneys have decades of combined experience serving the needs of families, from divorce proceedings and alimony issues to family formations and adoptions. While every one of our family law clients has unique needs and circumstances, they all rely on our law firm for personal attention and a responsive family law lawyer in Bluffton, SC. If you require zealous representation and a time-tested approach to family law, we're here to help.
As a full-service family law firm in South Carolina, we're proud to serve a wide range of clients: men and women, husbands and wives, business owners and executives, and just about every type of person in between. When they come to us, they're often distraught, confused, and anxious about the steps ahead. We consider those issues and make it a point to provide compassion and advice on the best possible approach to their situation or case. That way, they can rest easy at night knowing we have their back, no matter what hurdles may lie ahead.
Unsure whether you need to speak with a family law attorney? Ask yourself this:
- Do you plan on getting married?
- Do you plan on getting a divorce?
- Has your husband or wife served you with a Summons from the State of South Carolina?
- Are you struggling because you or your children do not receive adequate support?
If your answer to any of those questions is in the affirmative, it's time to give our family law firm in South Carolina a call today. Though time is often of the essence in family law matters, our team would be happy to sit with you to review your situation and provide an easy-to-understand roadmap for your legal future.
South Carolina Divorce 101
Divorce is a difficult decision for anyone, whether it's you or your partner who initiates it. It's a painful experience that can leave you feeling shattered and alone in the dark. When you made your wedding vows, you did so with the intention of being together for life. You invested a lot of time and money into your wedding, inviting friends and family from all over South Carolina to share in your joy.
Now, you're faced with the harsh reality that you and your former spouse are no longer together. As your family law attorney in Bluffton, SC, we understand how overwhelming this can be. We've assisted many clients through the divorce process and had the knowledge and tools to help them work through it and move on to greener pastures.
What is a No-Fault Divorce in South Carolina?
When a couple decides to end their marriage in South Carolina, they have the option of a No-Fault dissolution which relieves either of having to bring and prove a fault-based divorce ground. This can help to avoid hostility or ill-feeling that may arise during a fault-based divorce.
In order to qualify for a no-fault divorce, the couple must have been living apart for a year prior to the divorce being granted. This means that they must have separate residences and cannot simply have been living in separate quarters within the same home. If you're thinking about divorce but don't want to pin the demise of the relationship on your spouse, speak with a family law lawyer in Bluffton, SC, soon. This option allows you both to accept responsibility and move on.
Filing for a Divorce in South Carolina
When initiating the divorce process in South Carolina, the first step is for one spouse to file a complaint for divorce in the county where generally, the other spouse resides. To be eligible for divorce in South Carolina, residency requirements must be met. Generally, at least one spouse must have been a resident of the state for a minimum of one year. If both spouses live in South Carolina, they both must have resided there for at least three months.
There are five grounds for divorce in South Carolina, including a single no-fault ground that applies only if the spouses have been living separately for one year. The other four grounds are fault-based and include the following:
- Adultery
- Physical Cruelty
- Habitual Drunkenness (including narcotics)
- Abandonment Over One Year
The Positives and Negatives of a No-Fault Divorce in South Carolina
At Cobb Hammett Law Firm, one of the most common family law questions we're asked is, "Why type of divorce is best? Should I get a no-fault divorce?" Those questions aren't always easy to answer and depend on the dynamics of your marriage.
In a fault-based divorce, successfully proving fault can impact support and equitable division of the marital estate in favor of the "innocent" spouse. Proving wrongdoing can provide a sense of vindication during a divorce. In contrast, a no-fault divorce can make it a more unilateral process.
The Cobb Hammett Law Firm Approach to Child Custody in South Carolina
Did you know that the U.S. Census Bureau states that 25% of children younger than 21 live with just one parent while the other parent resides elsewhere in the country? In such circumstances, many families must navigate the complicated and legally complex process of child custody. As seasoned family law attorneys, we have represented clients in all aspects and legal stages of child custody and support.
We focus in providing services for a range of issues, including but not limited to:
- Drafting Reasonable Proposed Parenting Plans
- Preparing Child Support Calculations
- Communication with a Guardian ad Litem (if applicable)
- Securing De Facto Custodian / Psychological Parent Rights
- Negotiating Agreements Relating to Child Custody
- Prosecuting Claims Related to Domestic Violence
- Prosecuting and Defending Claims for
- Adoption,
- Termination of Parental Rights
- Custody, and
- Visitation
- Defending Claims Alleging Abuse / Neglect by the Department of Social Services
Every family has its own distinct characteristics, and as such, child-related agreements must also be customized to fit each unique situation. In South Carolina, our team of skilled family law attorneys takes the time to understand our clients' individual goals and needs and tailor our services accordingly.
South Carolina Alimony 101
When you get married, you go into the partnership believing that you'll be together forever. It makes sense, then, that most divorcing couples don't know very much about alimony in South Carolina (also referred to as spousal support). They ask questions such as:
- Who gets alimony?
- What is a reasonable amount of alimony?
Fortunately, working with a family law lawyer in Bluffton, SC, can answer those questions and make alimony easier to understand and approach.
What is Alimony in South Carolina?
Many individuals often mistake alimony for child support, but they are, in fact, two distinct forms of financial obligation and not mutually exclusive. Alimony was established to safeguard a supported spouse in the event of a divorce or separation. For example, a spouse who did not work during the course of the marriage would generally have a stronger alimony claim than a spouse who worked throughout the marriage. Likewise, a spouse who worked throughout the marriage but made less than the other spouse would have a stronger alimony claim than a spouse who worked and earned equivalent income to the supporting spouse.
In many cases, a spouse may choose to stay at home to tend to the children and manage the household. Oftentimes, the spouse who remains at home has sacrificed their career or education to care for the family. In such instances, a divorce could leave the financially weaker spouse in a state of financial turmoil. Without that support system, they will have to start over from scratch. These are some factors the Court will consider in evaluating an appropriate alimony case. Throughout your marriage, you have structured your quality of life based on a budget determined by your finances. While all expenses are shared by both partners, what happens if you have been financially dependent on your spouse and need to support yourself?
At Cobb, Dill, & Hammett, LLC, we aim to assist you in securing the alimony you need to support both yourself and your children. At the same time, we want to ensure that you are not overpaying your spouse, if you are the one required to pay. You may be required to pay an amount that could leave you in a difficult financial situation. Regardless, it's crucial to have the right legal representation to guide you through the alimony process in South Carolina.
The Cobb Hammett Law Firm Approach to Alimonyin South Carolina
Some people may assume financial responsibilities to a former partner are end with the filing of a divorce decree. However, if the court has mandated alimony payments, then the financial obligations survive. Failure to meet those obligations can lead to serious legal and financial consequences. Family law attorneys at Cobb Hammett, LLC have years of experience representing clients throughout the divorce process, including alimony determinations.
Our legal services cover many aspects of alimony law, such as:
- Negotiating Temporary and Final Alimony Payments
- Modifying Alimony
- Providing Advice on Reasonable Alimony
- Filing to Collect Unpaid Alimony
Though our family law attorneys are fearless negotiators and litigators, we always strive to keep your legal proceedings as seamless and straightforward as possible. Our goal is to help reach an agreement on alimony that is reasonable for both you and your spouse. However, compromises aren't always possible. If needed, our lawyers will fight aggressively on your behalf to help ensure your financial rights are protected.
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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
Trust the Cobb, Dill, & Hammett Difference
Dealing with family law cases can be incredibly trying, particularly when it comes to matters of separation or divorce. As your family law attorney in Bluffton, SC, we recognize the challenges you're facing. With that in mind, know that we're committed to offering empathetic legal counsel on your behalf, no matter how contentious or confusing your situation may become. Contact our law offices today for your initial family law consultation.
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843-936-6680
Latest News in Bluffton, SC
Beaufort Memorial scrapped its hospital plans for Bluffton. Novant now will build $250M medical center.
Mitchell Blackhttps://www.postandcourier.com/beaufort-county/novant-health-hospital-announcement-bluffton/article_04362312-8033-11ef-8aba-d3065222657a.html
BLUFFTON — A local state senator called it "gamesmanship."The chief executive of a competing hospital said the developments were "very frustrating."Two weeks after a Lowcountry provider dropped plans to build a new hospital due to a lawsuit, one of the opponents proposed its own plans to create a new site nearby.On Sept. 10, Beaufort Memorial Hospital ...
BLUFFTON — A local state senator called it "gamesmanship."
The chief executive of a competing hospital said the developments were "very frustrating."
Two weeks after a Lowcountry provider dropped plans to build a new hospital due to a lawsuit, one of the opponents proposed its own plans to create a new site nearby.
On Sept. 10, Beaufort Memorial Hospital withdrew its application to open a 20-bed hospital, succumbing to a lawsuit backed by North Carolina-based giant Novant Health.
More than two weeks later, Novant unveiled plans to open a 50-bed site in Bluffton. In a Sept. 26 news release, the nonprofit said it plans to expand the hospital to 100 beds in the future.
The twin announcements continue the saga to expand health care access in Bluffton that has dragged on more than six years, intersected with a major legislative change and legal challenges. Novant now must navigate South Carolina's certification process, which could take years if there's legal opposition.
Asked whether Beaufort Memorial would challenge Novant's application to open the hospital, Chief Executive Officer Russell Baxley said the community medical provider is "looking at all of our options on the table at this point in time."
Beaufort Memorial initially announced plans to open a Bluffton hospital in 2018. The state health department approved its application to open the operation in July 2018, awarding a Certificate of Need for the $45 million project. While these certificates were designed to keep medical expenses down and control health services, the appeals process could also delay providers from opening new facilities.
That proved true for Beaufort Memorial. The community hospital's certificate was challenged in court by Tenet Health, which owned facilities in Hilton Head and Hardeeville, and Candler Hospital in Savannah. Each of these entities raised questions about the project's financial feasibility and the need for a new hospital in the region. The case that began in October 2018 endured a stay that approached three years, while a related case was pended in a higher court.
A change to state law altered the complexion of the litigation. Gov. Henry McMaster signed a bill in May 2023 that would sunset the hospital certification requirement by 2027.
State Sen. Tom Davis, R-Beaufort, helped sponsor the bill. He said in a message that he wished there was no sunset, and that the repeal was immediate, but added that passing major legislation is difficult.
Citing the legislation, Candler dropped its legal challenge in September 2023. The S.C. hospitals continued to pursue the case through a December trial. Novant purchased the facilities in February.
Baxley said Beaufort Memorial met with Novant shortly after the nonprofit's acquisition to see if the organization would relinquish its legal challenge, which Novant declined.
Novant S.C. Regional President Jason Bernd said in an interview that the organization did not want to make any major strategic decisions while it assessed what the community needed. Dropping the lawsuit would qualify as a major strategic change.
Seeing that the litigation could continue well into the future, preventing Beaufort Memorial from achieving its January 2025 timeline for ground breaking, the community hospital opted to withdraw its certificate. Instead Beaufort Memorial intends to build a medical office building, freestanding emergency department, and ambulatory surgery center in its place.
"We felt forced to drop our CON in order to continue to avoid significant delays to build a hospital in the Bluffton area ... so we could move forward with a facility to meet the needs of the community" Baxley said. After dropping the CON, "(Novant) announced that they're going to build a hospital to meet the needs of the community. And I just find it very frustrating to say the least."
Davis called Novant's efforts "gamesmanship" and said the dispute between the two facilities showed why the state needed to repeal its CON requirement.
"There should not be artificial impediments to the flow of private capital into the development of new health care facilities," he said.
Bernd said the timing of the announcement about building the new hospital was not affected by the lawsuit. He said the plans were in the works for around the past half year.
Novant will need to submit a CON application to the state's health department, which Bernd said the organization plans to file imminently. According to state regulations, the department will make a decision on the effort between one and four months after the agency deems the application is complete, a process that can also take several months. Facilities and individuals affected by the nonprofit's plans can appeal an approval, potentially further delaying a groundbreaking.
Bernd said that construction for a hospital this size typically costs between $250-$300 million. Funds will come from Novant's organization, he said. The nonprofit also plans to open additional facilities, including its own ambulatory surgery and freestanding emergency department.
Baxley, of Beaufort Memorial, said it has been trying to fulfill the community needs all along.
"There's a need for beds there," Baxley said. "Somebody else decided that it wasn't going to be Beaufort Memorial beds."
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