Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Cross Anchor, 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 Cross Anchor, 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 Cross Anchor, 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 Cross Anchor, 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.
843-936-6680What 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 Cross Anchor, 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 Cross Anchor, 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 Cross Anchor, 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 Cross Anchor, SC
Missing 21-month-old boy found alive in Cross Anchor
TREVOR ANDERSON [email protected]https://www.goupstate.com/story/news/2011/12/17/missing-21-month-old-boy-found-alive-in-cross-anchor/29883284007/
Click here for important updates to our privacy policy.NEWS0:001:11The odds were stacked against 21-month-old Jason Elijah Burton.At 1:30 p.m. on Friday, his mother, Brittany Burton, reported the toddler missing from the family's home at 250 E. ...
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NEWS
The odds were stacked against 21-month-old Jason Elijah Burton.
At 1:30 p.m. on Friday, his mother, Brittany Burton, reported the toddler missing from the family's home at 250 E. Blackstock Road in a rural area of Spartanburg County near Cross Anchor.
Burton was wearing only a long sleeve pajama top and shorts, and did not have on shoes. Temperatures dipped into the low 50s as the search continued overnight.
Saturday morning dawned with renewed hope for a positive outcome, but by 2:30 p.m., the situation was growing more desperate. Nighttime temperatures were expected to drop into the 30s and search dogs, a small army of searchers and a rescue helicopter from the Spartanburg County Sheriff's office equipped with heat sensors had not found a trace of the boy.
Suddenly, a call came in to Sheriff Chuck Wright's mobile command unit that changed everything. A hearty cheer rose up among rescuers and family members who were holding vigil.
"They got him," a family member cried out. "He's alive!"
A few moments later, Burton was brought out of the woods by helicopter and placed back into his mother's arms more than 24 hours after he wandered away.
They boarded an ambulance in a field across from their home until Spartanburg Regional Hospital's Region One helicopter landed to take the boy in as a precaution.
"I'm just glad he is found," Brittany Burton said. "Thank you Jesus. Thank you."
Burton's grandmother, Armenda Vinson, was crying tears of joy as she clutched a small blue teddy bear belonging to the boy.
"I want to thank everyone (who searched) from the bottom of my heart," said Robert Vinson, Burton's grandfather. "They love children and to see their passion for finding my grandson was a blessing to me and my family. This community is fortunate to have men and women like them. To have him returned to us is an answer to our prayers."
Wright said the toddler was found by deputy Jamie Tate and David Fox with the S.C. Department of Natural Resources.
Wright said they found him sitting on a sand bar in the middle of the Tyger River. The boy was wet, cold and exhausted, but he was otherwise in good health.
He said the department's helicopter had flown over the river twice. Tate and Fox were using kayaks to search the river.
"This is a miracle," Wright said. "A 21-month-old is not supposed to survive a river. This is the best Christmas gift this family or I could've gotten."
As he reflected on the day, Wright said the outcome could have been much different. He recalled the case of 2-year-old William Eschenbach, who disappeared from his family's backyard on March 17, 2009. His body was found two days later in the South Tyger River after he drowned.
Wright called for members of the community to remember the Eschenbach family in their prayers even as they say their thanks for Burton's safe return.
Emergency personnel from Spartanburg and Union counties helped in the rescue efforts.
Wright said Union Sheriff David Taylor slept overnight on the county's mobile command bus. Many other volunteers worked all night to find Burton.
Cross Anchor resident Stephanie O'Dell, 21, arrived at the Burton home at 10 p.m. on Friday to help with the search.
"I have a 2 year old," O'Dell said. "These woods are very dense. You can't even walk through them. It's hard to imagine a child getting far in this. It's like finding a needle in a haystack."
Brig. Gen. James Burt with the S.C. National Guard's 2nd Brigade said 66 guardsmen and women from all over the Upstate were involved in the search. Burt said he was leading a team just upriver from Burton when he was found.
"I believed he was out there. It was just a matter of getting to him," Burt said. "God took care of him."
Family members said Brittany Burton left her son sitting on the living room sofa Friday afternoon and stepped out of the room for a moment. When she returned, he was gone. The family dog is able to open the back door and may have opened the door and Burton got out.
His mother called 911 at 1:30 p.m. Burton's father, Michael Burton, was at work at the time.
The sheriff's office sent out a reverse 911 call to homes in the area, informing residents that the child was missing and to be on the lookout.
Spotty cell phone reception in the area hampered communications, but rescue workers used radios to communicate with each other and air units. At least 200 people helped search for Burton.
"We are ecstatic that we found (Burton) alive," Wright said. "We're so grateful to everyone who helped. I'm very proud of the team we had… We've got a lot of people who care about children and family."
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