28 Feb Divorce Throughout the Year
This may come as a surprise to some, but to family law attorneys across the country the days after the holiday season are some of the busiest of the year. After more popular days such as Black Friday and Cyber Monday comes a much less advertised Divorce Monday. What causes the uptick in filing is not known, but some factors may include the desire to keep a family together through one last holiday or to avoid adding more stress to what is considered one of the most stressful times of the year.
While individual relationships, and their difficulties, are unique, there are some commonalities among all relationships that may lead to a decision to separate or terminate a marriage. Apart from infidelity and other trust-related factors, some of these include differences in life stages, how each individual handles long-term stress, communication issues, and unrealistic expectations. Given that the time period between Thanksgiving and New Years Day is fraught with unwelcome guests, demands on time, and unrealistic ideas about “the perfect holiday,” it is no wonder that more marriages end in divorce in January than any other month of the year.
Of course, while January may be a popular month for divorce, couples that are headed for separation should not wait until the beginning of next year to make the final choice.
What to Know Before You File
Anyone who is considering filing for divorce in South Carolina should be aware of the rules that will be applied to their case by a court. South Carolina allows both fault and no-fault grounds for filing for a divorce, as well as allowing divorce in cases where spouses have lived apart for at least one year. More divorces are filed based on no-fault grounds than fault, as spouses need only articulate that they are no longer compatible, or have irreconcilable differences, in order to be granted a divorce.
There is also a residency requirement of three months unless only one spouse is a resident, in which case the couple must wait one year. With regard to any jointly held property, South Carolina law follows an equitable division system. Courts will look at factors such as the length of the marriage, the value of any property involved, each spouse’s income and earning capacity, and whether alimony is involved.
Whatever the reason for deciding to end a marriage, it is always best to know the rules and steps involved before filing so that you can know what to expect as you go through the court system. There are many aspects of divorce proceedings that have not been mentioned here, and whether it is a lengthy process or more straightforward tends to depend on the nature of each couple’s unique situation. It may also be helpful to speak to a knowledgeable professional who can help guide you through the process.
Are you interested in pursuing a divorce in Charleston? Contact Klok Family Law LLC today for an initial and confidential consultation.