Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Lyman, 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 Lyman, 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 Lyman, 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 Lyman, 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 Lyman, 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 Lyman, 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, & 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 & 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 Lyman, 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 Lyman, SC
The Biggest Little Playground in Lyman, SC!
Sarah Burnetthttps://kiddingaroundgreenville.com/lyman-park
Inside: A local mom reviews all the fun things to do at Lyman Park in Lyman, SC. Is this the most toddler-friendly park in the Upstate? Let’s discuss!Located just behind the Lyman Event Center at Pacific Place, you’ll find a variety of outdoor spaces for the whole family to enjoy: A gazebo perfect for picnics, playground with multiple playsets for toddlers, wide open greenspace, and an amphitheater! Kidding Around’s Sarah Burnett paid this park a visit with her 3 kids and shares all the h...
Inside: A local mom reviews all the fun things to do at Lyman Park in Lyman, SC. Is this the most toddler-friendly park in the Upstate? Let’s discuss!
Located just behind the Lyman Event Center at Pacific Place, you’ll find a variety of outdoor spaces for the whole family to enjoy: A gazebo perfect for picnics, playground with multiple playsets for toddlers, wide open greenspace, and an amphitheater! Kidding Around’s Sarah Burnett paid this park a visit with her 3 kids and shares all the highlights below!
Our family recently visited the playground at Lyman Park after a friend recommended it, and we totally agree that it’s one of the best playgrounds for toddlers in Spartanburg County! But more than that, the playsets are surrounded by other outdoor options which easily make this a great place for full-family excursions.
Lyman Park: Quick Summary
???? Why We Love It:✔️ Two playsets perfect for toddlers, including slides, ramps & a rocking boat✔️ Swings for all ages, plus a merry-go-all and an accessible see-saw✔️ Soft artificial turf (goodbye, woodchips!)✔️ A paved path for tricycles & strollers, benches for parents✔️ Restrooms available✔️ A stone amphitheater (hello, little performers!)✔️ Dog park & picnic gazebo—bring the whole family!
???? Plus, the Lyman Rail Trail is just a short stroll away for an easy, family-friendly walk or bike ride.???? Visit Lyman Park: 81 Groce Road, Lyman, SC
Playgrounds for Littles: Lyman Park
Our family has 3 kids, ages 5 and under, so we are always on the lookout for play spaces geared towards little ones. While signage onsite says the play equipment is designed for ages 5 to 12 years old, we’ve found that Lyman Park’s playground has multiple play sets perfect for littles— and zero play equipment within reach that is inappropriate for their size.
There is a little playset and a larger one, both with multiple slides and gentle ramps for easy access. The smaller playset has one baby slide and two toddler slides, with a large rocking boat with enough seats to easily fit at least 6 kids!
The bigger playset has a baby slide, two side-by-side toddler slides (perfect for races!), and one taller slide more geared towards preschoolers. If babies manage to make it up the stairs to the tallest slide, just keep a close eye for the gaps in the railing up there where ladders come up on either side! There are also both high and low monkey bars attached to the larger playset, perfect for kids eager to swing without the risk of falling too far for their height.
In the surrounding play area, there are even more options perfect for your youngest kiddos. My 5-year-old’s favorite was a low, short tunnel, with climbing handholds covering the outside and an underwater cave appearance on the inside. My 3-year-old loved the merry-go-all, featuring 4 seats so all our kids could easily spin together. Our youngest loved the accessible see-saw, also with 4 seats and easy for our oldest to bounce all by himself!
And, of course, all our kids love being pushed on the swing set, complete with several accessible swings perfect for our whole age range. Plus, the entire play area has a soft artificial base, so no need to worry about messy woodchips!
Paved Path for Parents and Kids
One of the best parts of this play space is the sidewalk encircling the whole thing. It is absolutely perfect for little ones on tricycles and toddler bikes! And it’s a small enough loop that you can walk it without losing sight of your kids or racing to catch them if one starts to wander off. And of course, there are benches, too, if you’d rather get off your feet while your kids play!
This walking path is also a great course to follow for exploring the rest of Lyman Park. At the playground, it will take you right past the picnic shelter, restrooms, and historic library which can be reserved for private events. It also takes you alongside the greenspace to see what else this area has to offer!
Greenspace and Amphitheater
If you are more interested in unstructured play, Lyman Park has two fantastic spaces for that, starting with the greenspace! This flat grassy field is adjacent to the playground, and on our visits, we have seen bigger kids playing frisbee, throwing footballs, and just having a blast chasing each other around. There is a chain-link fence on the far side of the field, creating a barrier between the grass and the road beyond.
Farther down the hill, the walking trail leads to a great stone amphitheater! Our 5-year-old is QUITE the performer, so naturally this is one of his absolute favorite spaces in the park. There are great acoustics in this space with several levels of grass seating surrounding a wide paved circle at the center.
Lyman Rail Trail
From the amphitheater, you can follow the path down the hill to cross over Spartanburg Road and hop on the Lyman Rail Trail. This paved trail runs just a little under half a mile one-way, and it is entirely level as it follows alongside an old railroad. Cyclists and strollers are welcome, and the trail concludes at Lawrence Street.
Bark Park and Gazebo
Got a furry family member? Bring them along! If you turn uphill from the amphitheater instead of downhill, the path takes you around the side of the Event Center, where you’ll find a small enclosed dog park with obstacles for pets and benches for their humans!
I also love the little white gazebo on this side of the Event Center, which has a concrete base and a small wrought-iron table with chairs, in case you are looking for a unique place for a picnic. I definitely plan to bring one the next time we visit Lyman Park!
Visit Lyman Park
81 Groce Road, Lyman, SC
Find more great places to play!
Kidding Around Greenville Guide to Parks & Playgrounds in the Upstate
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