Divorce Attorneys in Columbia, SC

Roughly 40% of American marriages end in divorce. The process of getting divorced in South Carolina can be both extremely confusing and deeply unpleasant. If you aren’t properly informed and represented, it can also be financially devastating. You need an attorney who can fight for your interests and give you complete information on what to expect. More importantly, you need an attorney who answers your questions, returns your phone calls, and makes you feel secure that your interests are being protected.

Divorce attorneys Nick Mermiges and Jaime McSweeney have handled all types of divorce cases throughout the state of South Carolina, including military divorce (and pension division), fault-based divorce, interstate divorce, and more. They can help you plan, prepare, and execute your divorce strategy, to put you in the position to have a fresh start in life.

Grounds for divorce in South Carolina

South Carolina recognizes one no-fault ground and several fault-based grounds for divorce.

The most common ground is the no-fault ground: you and your spouse must live separate and apart — meaning not in the same house — for one continuous year. Sleeping in separate bedrooms does not count. You do not need to file anything with the court to start the one-year clock; it begins on the last night you sleep under the same roof.

The fault-based grounds are adultery, physical cruelty, and habitual intoxication (alcohol or drugs), along with desertion, which has become largely obsolete because it overlaps with the no-fault separation requirement. Fault matters for three main reasons: you do not have to wait the full year to finalize the divorce; fault is a factor in how the court divides the marital estate; and some clients need a judicial finding that acknowledges what happened. Proving fault has real costs, though — subpoenas, evidence development, and additional attorney time — and there is no guarantee the court will order the other side to pay your legal fees.

Adultery deserves a special note: it must be proven by showing “opportunity and inclination,” most commonly through a private investigator, and it is an absolute bar to the cheating spouse receiving alimony. If you take your spouse back after discovering the adultery and resume normal married life for an extended period, the other side may argue the adultery has been condoned — forgiven — and can no longer support a fault-based divorce.

View Nick’s Informational Video on Grounds for Divorce in South Carolina, or see the divorce FAQ.

How a South Carolina divorce moves through family court

Most contested divorce and separation cases follow the same broad path:

1. Separation starts the clock. The twelve-month no-fault period begins the day you stop living under the same roof — no court filing is required to start it. If fault grounds exist, you can file even while still living together, and the court can order the at-fault spouse out of the home. See our video on filing for separation.

2. Filing. Unless your situation is very simple, waiting out the year with nothing filed is usually not the best approach. An action for separate support and maintenance can be filed on the first day after separation, and in it the court can address every issue that would arise in a divorce: custody, child support, property division, alimony, attorney’s fees, and the marital home.

3. The temporary hearing. Typically held early in the case, this short hearing is decided on written affidavits and financial declarations, not live testimony. The court enters a temporary order governing the house, the bills, and — if contested — custody and visitation, and appoints a Guardian ad Litem for the children. Temporary rulings are formally “without prejudice,” but in practice they can have long-lasting effects, so the temporary hearing must be taken seriously.

4. Discovery. Both sides exchange information: several years of financial records, interrogatories (written questions), and requests for production of documents. Where money is being hidden, subpoenas to banks and payment services — and, in complex cases, a forensic accountant — can trace it. See our articles on enforcing discovery in family court and on using text messages as evidence.

5. Mediation. Mediation is required in all contested cases. With few exceptions, you must complete mediation before you can request a trial, and if you do not request a trial within 12 months, your case is subject to dismissal.

6. Settlement or trial. If you reach an agreement, it is written up, signed, and presented to the judge at a final hearing for approval. If not, the case is tried. A no-fault divorce can be finalized once the year of separation has run; with fault grounds and a full agreement, a divorce can be finalized as quickly as 90 days after filing.

If you file promptly and work the case properly, the contested issues can be resolved during the waiting period — so that when the year passes, there is nothing left to litigate.

Complex and high-asset divorce

Our experience includes handling extremely complex divorce cases involving business valuation, asset concealment, comingling of funds, prenuptial agreements, dissipation of marital assets, and more. When one spouse owns a business or controls the finances, the other spouse can be left in the dark — and the discovery process, used aggressively, is how the true value of the marital estate comes out.

View Nick Mermiges’ Guide to High-Asset and Complex Divorces. See also our article on dividing businesses and retirement accounts in divorce.

What our divorce practice includes

• Simple divorce
• Fault-based divorce
• Military divorce
• Complex and high-asset divorce
• Support and maintenance actions
• Common law marriage
• Drafting and analyzing prenuptial agreements
• Challenging previously entered divorce decrees
• Seeking modifications based on change of circumstance
• Appeals

If you’re not sure whether the firm might take your case, feel free to call (803) 587-0472 or email Nick@NDMLaw.com to ask.

Experience that matters

Nick has been to court hundreds of times, and has taken hundreds of depositions in his career. He has handled trials, appeals, contempt hearings, and more. He has a stellar academic background, having graduated in the top 5% of his law school class. Nick uses his knowledge and experience handling high-stakes civil cases to help his divorce clients achieve their goals as quickly as possible.

Even if your divorce is relatively simple, or you think that most issues are going to be resolved, you need a skilled attorney to make sure that you’re getting a fair deal. You need someone who can help put you in the best position possible for a fresh start. For a consultation with Nick, call (803) 587-0472 or email Nick@NDMLaw.com.

For more information about the divorce process, see our resources section.