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Lexington County Fault Divorce Attorney

In the state of South Carolina, there are two types of divorce: fault and no-fault. Both types of marital dissolution have specific requirements before anything can be filed with the court. Regardless, if it is contested or uncontested by your spouse, it will fall into either the at-fault or no-fault category.

Grounds for a No-Fault Divorce

The basic requirements for a no-fault divorce in our state are fairly simple. In order to qualify, a husband and wife must have lived apart and not cohabitated for more than one year prior to the filing. After this time period, you are immediately able to file for divorce.

Once the decision has been made to seek a divorce, the one-year separation requirement can cause anger and stress. However, if there has not been fault in the marriage, our state laws require the separation period before your divorce can be filed. During this separation period you can file a Complaint for Separate Support and Maintenance. In this situation, you will be entitled to a temporary order resolving child custody, child support, visitation, financial support, living arrangements and very important boundaries to be abided by both sides.

Eligibility Requirements for an At-Fault Divorce

The grounds for an at-fault divorce are much different. Eligibility for this type of divorce requires that adultery, physical abuse, drug or alcohol abuse or abandonment was present in the marriage. To prove these fault-based grounds requires specific and particular evidence, which I will help you to understand.

If it is required, my firm can arrange for a private investigator to collect evidence that proves your case. Once we substantiate your claim, we can move your divorce process forward without the one-year separation requirement.

While emotional and verbal abuses remain extremely detrimental to the victim and his or her marriage relationship, it is currently not considered ground for an at-fault divorce in the state of South Carolina.

Learn more about the process of divorce in the state of South Carolina.

Columbia No-Fault Divorce Attorney

Located in Lexington, South Carolina, the Law Office of Jim O'Connor represents family law clients throughout the greater Columbia area. Contact my firm to schedule a free initial consultation with a Lexington County fault divorce lawyer.

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Law Office of Jim O'Connor
Post Office Box 97
Lexington, South Carolina 29071

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Law Office of Jim O'Connor
200 East Main Street
Lexington, SC 29072

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Phone: 803-388-8628
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