Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, 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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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 Simpsonville, 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 Simpsonville, SC
This small Upstate town is catching homebuyer interest, says Travel + Leisure. See why
Nina Tranhttps://www.greenvilleonline.com/story/news/local/greenville/2025/08/29/moving-to-sc-2-upstate-areas-worth-considering-says-travel-leisure/85893051007/
If you have your heart set on moving to South Carolina but don't know your way around yet, narrowing down where to live might prove to be a tricky endeavor.Cities like Charleston and Greenville have been soaking up all the attention these days, but local real estate experts are noticing a shift among homebuyers."When our buyers think of moving to South Carolina, they usually focus on one of three communities: Charleston, Greenville, and Columbia," Aimee Peterson, owner of Better Homes and Garden Real Estate Palmetto, ...
If you have your heart set on moving to South Carolina but don't know your way around yet, narrowing down where to live might prove to be a tricky endeavor.
Cities like Charleston and Greenville have been soaking up all the attention these days, but local real estate experts are noticing a shift among homebuyers.
"When our buyers think of moving to South Carolina, they usually focus on one of three communities: Charleston, Greenville, and Columbia," Aimee Peterson, owner of Better Homes and Garden Real Estate Palmetto, told Travel + Leisure. However, buyers who begin to explore these areas may find themselves drawn to its smaller towns, she said.
Here's why buyers are choosing to call Greenville and this smaller nearby town in the Upstate home, according to Travel + Leisure's 11 Best Place To Live in S.C.
No. 6: Simpsonville
Drivers who pass by the Simpsonville sign on the sign of the highway receive a warm welcome from the town's motto, which perfectly describes the area.
"Welcome to Simponville," the sign reads. "Simply home."
The town's serene ways and natural beauty are what makes it a top place to live, just minutes away from Greenville. Residents won't have to travel too far out of their way to get their groceries and shopping done, either; Fairview Road is lined with popular stores, from Target to Publix and Ross to TJ Maxx.
"With lower prices (median sales price of around $380,000), more land, and slightly cooler temperatures, Simpsonville continues to be a desired area," Peterson said. "For buyers with families, Simpsonville boasts the top-rated schools in all of Greenville County. There is also a vibrant scene with many local restaurants and craft brewery favorites."
Need another reason for why residents love this overlooked small town? It has its very own "Ice Cream Station" on Main Street that is open year round, positioned near a railroad track so you can watch the train as you enjoy dessert with the kids. Talk about fun and yum.
No. 8: Greenville
Charleston may have its charm, but Greenville has claimed its place as S.C.'s precious gem. Prospective homebuyers shouldn't let the city's lack of beaches deter them from making the move, either ― the city has much for outdoor enthusiasts to explore, like the award-winning Swamp Rabbit Trail that snakes through the city and the views that await climbers at the top of Paris Mountain. It's also worth noting that the state's best beaches are only 3-5 hours away by car, depending on which coastal town you're headed to.
"Greenville has quietly positioned itself as one of the most dynamic towns in the Upstate. The city strikes a rare balance, polished yet approachable, with strong infrastructure, continued job growth, and a thriving arts and culinary scene,” Amy Byrne, team lead for Compass' Andy Bovender Team, told Travel + Leisure.
Byrnes added that the city has a "walkable downtown filled with restaurants, shops, and parks" that draws buyers in. The area's low cost of living is also of particular interest to young professionals and retirees, with the average home value priced at just under $330,000.
Travel + Leisure's 11 Best Places to Live in South Carolina, according to local real estate experts
Nina Tran covers trending topics for The Greenville News. Reach her via email at [email protected].
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