Q: What is the difference between a divorce and an annulment?

A: A divorce differs from an annulment in that an annulment erases the fact the couple was ever married. A divorce stays on record. An annulment can be very difficult to obtain. If you are considering an annulment, you should contact one of our attorneys at Coastal Law to determine if you meet the criteria.

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Q: What can a Divorce Lawyer do for me?

A: Even simple divorces require many documents, and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. At Coastal Law, we will keep you informed on laws involving children, child support, alimony and property division. Our attorneys will act as your advocate and assist in negotiating an agreement that is in yours and the children's best interest. If a divorce agreement cannot be reached with your spouse, we will represent you at any necessary court appearances.

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Q: What is an uncontested divorce?

A: An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.

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Q. What is the difference between being divorced and being legally separated?

A: A divorce is a complete dissolution of marriage; a legal separation is an action that married couples may elect in the event that they do not wish to live together, but are not sure that they wish to be divorced. Legal separation offers protection to an individual in the event that their spouse incurs debt and offers additional protection concerning custody, child support and tax liability.

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Q. How long does the divorce process take?

A: If uncontested, a divorce can be finalized in as little as a few weeks. If the divorce is contested, it could take 4-6 months at least, and can take up to a year and sometimes longer.

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Q: Can a prenuptial agreement affect whether or not I can get custody of my children?

A: Although a prenuptial agreement may include provisions for child custody and support, the decision is still up to the court. The court may change the provisions regarding these issues as they see fit.

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Q: How does the court determine child support?

A: The amount of child support will be based on the South Carolina Child Support Guidelines. The Guidelines consider the income of both parents and the number of children. Day care and health insurance costs are also considered.

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Q: What does a divorce cost?

 A: Costs and fees for a divorce can vary greatly. The cost of a divorce usually varies from lawyer to lawyer. Simple divorces that do not take a large amount of time or involves the separation of assets may not be as expensive compared to drawn out divorces involving numerous legal issues.

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Q: How long must I have lived in South Carolina prior to filing for divorce in a South Carolina court?

 A: South Carolina law requires that one of the spouses must be a resident of the state for a minimum of one year (three (3) months if both parties are residents of South Carolina) immediately prior to the filing of the petition for divorce.

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