Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Reidville, 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 Reidville, 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.
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 Reidville, 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 Reidville, 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 Reidville, 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 Reidville, 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.
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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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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 Reidville, 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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Latest News in Reidville, SC
Spartanburg County's penny sales tax would repave Reidville Road, East Main Street
Bob Montgomeryhttps://www.goupstate.com/story/news/local/2023/06/15/proposed-penny-tax-funds-these-road-projects-in-spartanburg-county/70265050007/
Reidville Road, Moore-Duncan Highway and East Main Street in Spartanburg are among several major roads that would be repaved with funding from a new six-year penny sales tax if voters approve in November.In all, 34 major asphalt pavement projects would be completed by the sixth year the tax is collected, according to a list the Spartanburg County Council forwarded to a six-member commission. The commission will draft the language of a referendum to appear on the November ballot.In addition, there are numerous countywide stormwa...
Reidville Road, Moore-Duncan Highway and East Main Street in Spartanburg are among several major roads that would be repaved with funding from a new six-year penny sales tax if voters approve in November.
In all, 34 major asphalt pavement projects would be completed by the sixth year the tax is collected, according to a list the Spartanburg County Council forwarded to a six-member commission. The commission will draft the language of a referendum to appear on the November ballot.
In addition, there are numerous countywide stormwater and intersection improvement projects and hundreds of neighborhood street repaving projects that would be paid for by the penny tax, which is estimated to generate $478 million over six years.
If approved, the sales tax would continue to be applied to items purchased in the county when the current penny tax – which was raised from 6 cents to 7 cents in 2018 – expires April 30, 2024.
"It is imperative that we fix our roads and intersections now because every day that goes by without them being repaired they fall further into a state of disrepair. The cost then goes up exponentially," County Councilman David Britt said.
The county maintains more than 1,700 miles of roads and 150 bridges. An estimated 45% of them are classified as in poor condition, and the S.C. Department of Transportation estimates that 60% of the state's secondary roads in the county are also in poor condition.
Spartanburg County Council: 'How are we going to pay to fix the roads?'
Britt said many roads were built more than 50 years ago and not designed to handle the weight of vehicles of today, such as SUVs and large trucks that deliver goods to distribution centers and grocery stores.
All County Council and several City Council members have stated support for a new penny tax, saying it is the least painful way to fix what is the number one local issue for many residents.
"I think its the best thing to do," said County Councilman Bob Walker. "It's the fairest way and the best way, and it's spread out. I'm elected by the citizens, and that's who I work for. If they want to discuss the penny tax with me, I'm available."
County Councilman Justin McCorkle said the penny tax is "the best option … to get the best bang for the buck, so to speak.
"This option provides the least burden on citizens and the greatest impact on roadway improvements," McCorkle said.
Britt said he was recently asked why the county doesn't simply use tax revenues from new companies coming to Spartanburg County to pay for road improvements.
"I told the resident it would take over 125 years to just generate the money that the penny sales tax will generate in six years," Britt said. "Today the question is how are we going to pay to fix the roads?
"Either have an astronomical property tax increase that no one wants or use the penny sales," Britt said. "Thirty-five percent or more of the revenues generated by the penny sales tax will be paid for by people who do not live in Spartanburg that use our roads. Why not let them help us pave our roads."
County Councilman Jack Mabry said, "As long as we wait till the current penny sales tax for the courthouse is sunset and we put it to a vote, I feel the penny sales tax is the best way to address our roads. I am not a big fan of back-to-back penny tax, but if we want better roads this is the bet way to address it."
Public Works Director Travis Brown estimated a backlog of $500 million in roads that are in need of repair.
Brown, who compiled the list of road projects spread over six years, told council members the projects will be "concentrated in areas of higher growth" and take into account pavement condition, traffic counts, crash data and functionality.
Spartanburg County road, bridge projects spread out over six years
The project list is divided into six tiers, with the first tier being the highest priority to start in the first year, and the sixth tier the lowest priority in the final year of the penny tax.
Planned Spartanburg area projects
Here is a look at major projects planned under Tier 1 if the penny tax referendum commission approves the list to appear on the November ballot:
Tier 1, asphalt pavement improvement:
Moore-Duncan Highway (SC 290), from Reidville Road to Rogers Bridge Road, 2.75 miles, $6.6 million; Moore-Duncan Highway (SC 290) from Meauly Road to N. Danzler Road, 1.4 miles, $3.6 million; Reidville Road (SC 296), from SC 290 to SC 295, 5.5 miles, $14 million; E. Main Street in Spartanburg, from US 29 to Converse Street, 2.9 miles, $1.4 million.
Tier 1, intersection improvement:
Zion Hill Road at Sloan's Grove Road, a roundabout, $3 million.
Tier 2, asphalt pavement improvement:
Main St./E. St. John St./W. St. John St., from SC 296 to Cherokee County line, 11 miles, $22 million; Cherry Hill Road, from US 29 to River Street, 3.2 miles, $2 million; Foster Street, from Cannons Campground Road to US 29, 2.8 miles, $1.1 million.
Tier 2, bridge replacement:
Alverson Road bridge, Campobello, $4.5 million; Freys Drive bridge, Spartanburg westside, $2.75 million.
Tier 2, intersection improvement:
US 176 at Dogwood Club Road, $2.5 million; Floyd Road at Cannons Campground Road, $1.5 million.
Tier 3, asphalt pavement improvement:
Rutherford Street, from I-26 to US 176, 2 miles, $2.8 million; Redland Road, from SC 14 to Red Hill Lane, 1.3 miles, $1.1 million; Brockman/McClimon Road, from I-85 to SC 101, 1.5 miles, $3.4 million; Abner Creek Road, from SC 101 to Westmoreland Road, 4.6 miles, $3.9 million; Cavins Road, from E. Hayne St. to E. Georgia Road, 1.6 miles, $1.4 million; Peanut Road, from East Georgia Road to US 221, 1.8 miles, 1.5 million; Edwards Road, from Fountain Inn Road to SC 101, 2.5 miles, $2.1 million; Fernwood/Glendale Road, from SC 29 to Clifton/Glendale Road, 3.1 miles, $6.6 million.
Tier 3, bridge replacement:
Grand Canyon Road bridge, Inman, $1.75 million; Calvary Road bridge, Inman, $1.75 million.
Tier 3, intersection improvement:
Gossett Road at Cannons Campground Road, $3 million; SC 129 at Carver/Bobo, $3 million; SC 292 at Bishop Road, $3 million.
Tier 4, asphalt pavement improvement:
Southport Road from SC 215 to US 176, 12.6 miles, $24.6 million; Old Canaan Road, from SC 295 to Canaan Road, 2.9 miles, $2.5 million.
Tier 4, bridge replacement:
Settle Road bridge, Inman, $2 million; Landrum Mill Road bridge, Landrum, $2 million.
Tier 4, intersection improvement:
SC 357 at SC 358, $3.5 million; Old Converse Road at Cannons Campground Road, $2 million; Double Bridge Road at Hanging Rock Road, $3 million; Hammett Store Road at SC 357, $3 million.
Tier 5, asphalt pavement improvement:
Reidville Road from SC 295 to W. Main St., 2.4 miles, $4.5 million; US 221, from Southport Road to Barnwell Road, 6.2 miles, $29.5 million; Camelot Drive from US 29 to SC 296, 1 mile, $2 million; N. Daniel Morgan Ave., from US 29 to N. Church St., 0.4 miles, $722,975; Powell Mill Road, from SC 29 to Front St., 1.3 miles, $1.1 million; Powell Mill/Textile Road, from Front St. to Vanderbilt Road, 1 mile, $851,840; Powell Mill Road, from Powell Mill to Textile St., 0.6 miles, $477,030; Oak Grove Road, from S. Blackstock Road to Reidville Road, 0.67 miles, $856,099; Oak Grove Road, Reidville Road to South Blackstock Road, 1.1 miles, $1.4 million.
Tier 5, bridge replacement:
Stewart Road bridge, Pauline, $2.5 million; Rock Hill Church Road bridge, Inman, $2.5 million.
Tier 5, intersection improvement:
Battleground Road at US 29, $4.5 million; Old Furnace Road at Sugar Ridge Road, $3.5 million; Mt. Zion Road at John Dodd Road, $3 million; W. Henry St. at S. Forest St., $3.5 million.
Tier 5, county road corridor reconstruction:
Plainview Drive, from US 29 to Cannons Campground Road, 1.1 miles, $3.5 million; Blalock Road, from SC 9 to Old Furnace Road, 0.9 miles, $3.5 million.
Tier 6, asphalt pavement improvement:
SC 101, from Arnold Road to Rogers Bridge Road, 11.3 miles, $27 million.
Tier 6, bridge replacement:
RC Thompson Road bridge, Chesnee, $1.75 million; Bearden Road bridge, Roebuck, $2.25 million.
Tier 6, county road corridor reconstruction:
Upper Valley Falls Road from Valley Falls Road to US 176, 1.2 miles, $4.75 million; Hammett Store Road, from Hampton Road to SC 357, 2.2 miles, $6 million; Floyd Road, from Cannons Campground Road to US 221, 1.7 miles, $4.75 million; Genoble Road, from Victor Hill Road to Robinson Road, 0.9 miles,, $3.75 million; Foster Road, from SC 11 to Compton Bridge Road, 4.1 miles, $14 million.
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