A spouse declines to agree on property, finances, or parenting arrangements, and the case moves from discussion toward a formal dispute. People involved need to go through financial documents and everything else available to get an idea of where they stand.
In a situation such as this, speaking with a divorce lawyer in Charleston may help someone better understand where they stand and what steps could come next, although it cannot settle a case on its own. This guide walks through the stages of a contested divorce, the role of evidence, finances, business ownership and custody.
Understanding a Contested Divorce in Charleston
Divorce cases are considered contested if spouses cannot reach an agreement on one or more issues, including property division, spousal or child support, and other terms. In South Carolina, these cases are handled in Family Court, where judges issue binding decisions based on the evidence presented in order to settle disagreements in a dispute.
Contested divorces in Charleston typically involve the filing and service of divorce papers, a response and when necessary, a temporary hearing where a judge addresses temporary matters. During discovery, the parties may exchange financial records and request relevant documents or other evidence. Mediation may provide an opportunity to negotiate unresolved issues with a neutral mediator, subject to applicable South Carolina court rules and any exceptions. If disagreements remain, the court may need to decide them through further proceedings. The length of the case depends on its complexity and the time needed to complete the required steps. For example, dividing property may take longer when a couple owns multiple assets and a business than when they own a home and a few other assets.
What Evidence Matters Most in a South Carolina Divorce?
Evidence can generally be grouped into a few categories in Family Court proceedings and each category is relevant to the issue being considered.
Income, assets and debts are frequently significant in divorce proceedings and bank statements, income and expense records, tax returns, retirement account statements and credit card statements can help establish a spouse’s financial position. It is essential to collect documents that can serve as proof of income, spending and ownership and value of assets, such as deeds, vehicle records and loan agreements.
Text messages, emails, and even photographs may be relevant to establishing financial circumstances or other issues, such as the children’s needs. Calendars and school or medical records can be helpful in establishing a parenting schedule.
Moreover, evidence can take many other forms, such as testimony from witnesses, including friends, family members, teachers, or financial experts.
A judge will only accept reliable and legally admissible evidence relevant to the case, so it is critical to review the evidence and ensure that it all relates directly to an issue before the court.
Organizing the documents by category and date might assist in the process since information that seems essential to one spouse might have little relevance to another and thus, less value in the case.
Types of Evidence at a Glance
Evidence for a family court case can be broadly divided into several categories, and each category relates to specific issues.
- Financial: bank statements, income and expense records, tax returns, retirement account statements, credit card statements
- Property and Assets: property deeds and vehicle titles, vehicle documents, loan agreements
- Communication: text messages, emails and photographs
- Children: calendars, school records, medical records
- Witnesses: friends, relatives, teachers, financial experts
- Admissibility: evidence must be relevant, reliable, and legally admissible
How to Protect Your Finances Before Filing for Divorce
Many people begin by organizing their financial information, and a few steps can make that easier.
- Gather recent statements for checking, savings, retirement, and investment accounts, along with tax returns, mortgage documents, and records of outstanding debts.
- List joint accounts, individual accounts, and regular bills to get an overview of the household’s finances.
- Track balances and regular activity in joint accounts, so unusual activity can be explained if questions arise.
- Be cautious with large or unusual transactions, such as withdrawing large amounts of cash, selling real estate, or opening new credit card accounts, since these may require clarification.
- Avoid major financial decisions and unnecessary financial disputes where possible.
- Expect financial disclosure to be a possible point of dispute, since each party is generally required to provide complete and honest information about income and assets.
- Consider asking a divorce attorney in Charleston to explain the disclosure process and applicable requirements.
- Keep documents organized, which may help you discuss financial matters with the other party.
Is Your Business Marital Property in South Carolina?
South Carolina follows the principle of equitable distribution. This does not necessarily mean an equal division of assets between spouses; instead, it is supposed to be a fair division according to the circumstances of the case. Instead, property is divided fairly based on the circumstances, which means that the court considers the relevant circumstances when determining a fair division.
The property is classified as either marital or separate. Generally, the property that was acquired during the marriage is considered marital, whereas separate property is property acquired before the marriage or received as a gift/inheritance. There are several factors that can affect the property division process.
When it comes to the business, there are several additional factors to take into account. For instance, when a business was started before the marriage but was significantly improved or expanded during the marriage, it may be classified as separate or marital, depending on the circumstances of the case.
When it comes to the classification of a business, it is important to assess its value accurately, even though there might be different estimates from different experts.
Apart from financial analysis, one would have to consider non-financial contributions, such as the work and effort contributed to the business by one’s spouse, and legal documents that define the ownership structure, including partnership agreements.
How Does South Carolina Decide Child Custody?
Typically, when parents cannot agree about their children, a family court judge makes the decision for them. The decision is based on the best interests of the child, not the parents’ interests.
In making the decision, the judge considers various factors such as the child’s relationship with their parents, the child’s age, the needs of the child, each parent’s home environment and each parent’s ability to provide for the child’s needs, including the child’s educational and healthcare needs. The child’s preference, if any, is also considered, especially for older children. Factors such as the child’s safety may also be considered.
Child custody decisions normally decide which parent the child will live with. The decisions also consider how the child will be cared for and who makes important decisions about the child’s life. Agreements can be made by the parents and submitted to the court for approval, or the judge can make the decision. However, agreements vary because each case is unique.
A family law attorney can help parents to reach an agreement on custody of their child and visitation schedules. Parents who cannot agree may appear in court and testify about the best interests of the child. The judge will then make a ruling based on this testimony.
Key Takeaways
- A contested divorce generally moves through filing, information exchange, possible mediation and a final hearing, though timelines can vary.
- Evidence may be more useful when it is organized, lawfully obtained, and relevant to the issues in the case.
- Property, business, and custody questions depend on the facts of each case, and results can differ.
Disclaimer
This content is for educational and informational purposes only and should not be considered legal advice. Divorce and family law can depend heavily on the specific facts of each case and South Carolina law, which may also change over time. If you have questions about a contested divorce, financial disclosure, business ownership or custody matters, consulting a licensed South Carolina attorney can help you determine your options based on your specific circumstances.
