The breakup of the family unit is a traumatic experience for all those involved. A divorce is the end to a once loving and intimate relationship that leaves emotional scars on the couple and any children they have from the marriage. Although, a sad event in anyone’s life it is a reality that almost half American couples will end up divorcing. According to projections, 40% to 60% of all new marriages in the United States are destined to end up in the divorce courts. To avoid expensive litigation and other conflicts in the event a couple dissolves their marriage, many opt for prenuptial agreements or postnuptial agreements that a divorce attorney in Charleston SC may advise.
States in the US have their own laws on the various aspects involved in the dissolution of a marriage i.e. child and spousal support, child custody, distribution of property, division of debt etc. States have differing laws when it comes to divorce. Choose a local divorce attorney in Charleston SC with knowledge and experience of state laws and how to protect your interests and maximize the support and other benefits you may be seeking from the spouse.
Some states in the US, presume that community assets would be equally divided between the divorcing parties. These states are said to be “community property” states. More equitable distribution is practiced in other states that are called “equitable distribution” states, where a fair distribution of assets will award one spouse more rights than the other spouse. The minor children (under 18 years) welfare and protection is also a major consideration when awarding assets or support to one of the spouses. The spouse with physical custody or greater share of a joint custody case can be awarded more support or larger chunk of the assets as a compensation for their greater expenses incurred in child care. For more information on how your state laws can view your custody case or appeal for spousal support/ child support and claims on the assets, you should seek the legal advice of a divorce attorney in Charleston SC.
In order to arrest the increasing number of divorces, some states also require that the couple should seek counseling and mediation before proceeding with a divorce. States have enacted the “Covenant marriage” decree, to make divorces less easily accessible.
If you were in a long term marriage, courts usually award one party alimony or spousal support. The reason for awarding alimony depends on many factors. For more information on the extent of alimony, consult an experienced and skilled divorce attorney in Charleston SC. Charleston SC residents that are considering divorce can find professionals in the area offering legal recourse. For more information visit Phipps Law Firm.