Divorce & Separation Attorney

Linda C. Hayes handles all matters involving divorce and separation.  There is no such thing as a "legal separation" in South Carolina, instead, if you do not have grounds for a divorce, you can file for an "Order of Separate Support and Maintenance".  This is what most people think of when they refer to a "legal separation".  A separation resolves all issues arising out of the marriage with the exception of a divorce itself, for example, child-related issues, support issues, and division of property and debt.  If you need assistance in this regard, please do not hesitate to contact us. 

Divorce Lawyer in Greenville, South Carolina

If you are considering getting divorced in Greenville, South Carolina, consider speaking to the Law Offices of Linda C. Hayes today. While divorce often begins as a very personal decision, it is important to remember that divorce is a legal decision as well. Divorce has emotional repercussions and it also has financial consequences. You’ll need to consider your assets, property, and debts as you file for divorce. Your divorce can also impact your family in terms of child custody and parenting. The end of a marriage can be a difficult time for everyone involved. You’ll need to consider where you will reside, how to divide property, bank accounts, debts, retirement funds, and also develop a parenting plan if you have children.  Linda C. Hayes, Attorney is a divorce lawyer in Greenville, South Carolina who works closely with families during this tough time. You don’t have to go through this alone. Contact the Offices of Linda C. Hayes at 864-233-3100 to schedule your consultation now.

Filing For Divorce in Greenville, South Carolina

In order to file for divorce in Greenville, South Carolina, you’ll need to meet certain requirements and determine your grounds for divorce. For example, you must have been a resident for at least one year before filing for divorce, or if both parties are residents of the state, it is possible to file for divorce if you have lived in the state for three months. If you are not sure whether you meet the residency requirements, it is important to speak to Linda C. Hayes, a divorce law firm in Greenville, South Carolina. For example, your case could be rejected if you file and do not meet the residency requirements. Our firm can review your residency, determine whether you meet the requirements, and help you understand what you may need to do in order to meet the requirements.  Further, there are different residency requirements for different matters: while the Court may have jurisdiction over a divorce, it may not have jurisdiction over custody or support issues.   These jurisdictional matters can be complex when parties live in different states.

When you file for divorce, you’ll also need to decide on the grounds for divorce. There is one “no-fault” ground for divorce, and four “fault-based” grounds. The four fault-based grounds for divorce are: adultery, desertion for one year, physical cruelty, and habitual drunkenness or drug use. Divorce can be filed on a no fault basis if both parties have lived apart for one year. While many choose to initiate a no-fault divorce, there are certainly instances where a fault divorce is more appropriate. If you are concerned for the safety of your children, for your safety, or if you are concerned that your ex-spouse will spend your marital assets due to a drug addiction or due to past abuse, you may want to seek an at-fault divorce to protect your rights. However, fault-based divorces can involve a costly court battle. It is important to proceed only if and when appropriate. 

If you are not sure how to proceed with your divorce, consider speaking to Linda C. Hayes, Attorney.  Our firm works closely with families to help them protect their rights, their financial security, and their loved ones during this difficult time. We are here for you.

Can I Receive Alimony After a Divorce in South Carolina?

In addition to dividing assets and debts, some individuals wonder whether they are entitled to receive alimony. You may be entitled to alimony depending on your unique circumstances. However, there are certain instances that may bar a person from collecting alimony. For instance, adultery may bar a person from receiving alimony if it occurs before the divorce or before the formal signing of an agreement.  Alimony is designed to keep the supported spouse in the same position as they were when the marriage was harmonious.  If you stayed home to take care of the children, chose lower-paying work to support a spouse in his or her career, or if you need time to develop new skills or get additional education to support yourself, alimony may be able to help you.

The court will generally only award as much alimony as is appropriate, and life-long alimony is increasingly rare. Alimony may be paid in one lump sum, in periodic sums for a limited time, or periodic sums paid for the lifetime of a spouse. In some cases, other forms of financial support may be considered as well. For instance, one person may give up the marital home instead of paying alimony.

What factors will the courts consider when awarding alimony? Generally, the courts consider the length of the marriage, the physical and emotional condition of each person, the employment history of each person, the standard of living enjoyed during the marriage, and both spouses’ earnings and expenses. The court may also consider each parties’ conduct during the divorce proceedings and before the divorce itself. In matters of alimony, whether you choose a fault or no-fault divorce can have some impact.  The choices you make after you choose to separate can also impact your future and the amount of alimony you may need to pay. If you are seeking alimony, or if your spouse is seeking alimony, it is important to protect yourself. Contact the Law Offices of Linda C. Hayes in Greenville, South Carolina today.   Ms. Hayes can use the same standards that judges use to determine whether you may be entitled to receive alimony. We can offer you a realistic understanding of what to expect and can help you fight for your rights.

Who is the Best Divorce Attorney in Greenville, South Carolina?

The best divorce lawyer in Greenville, South Carolina is the person who will take the time to offer compassionate and caring counsel to you during this difficult period. You will want to find a lawyer to whom you are comfortable speaking because you may have to share personal details in order to support your case. Divorce involves some of the most intimate aspects of our lives. If you are considering getting divorced, you need a divorce law firm in Greenville, South Carolina that you can trust.  Linda C. Hayes, Attorney, offers compassionate counsel to help you divide assets, divide debts, decide on a parenting plan, and seek alimony, when appropriate. Our firm can help you understand your rights, and assist you every step of the way.