Equitable Distribution Laws in South Carolina
When you go through a divorce in South Carolina, it is important to understand some of the equitable distribution laws in South Carolina. These will help you to better understand how your property will be divided up and who gets what when the divorce is final. Working with a divorce attorney in Greenville, SC will help you to work through equitable distribution and will ensure that you get your fair share. There are a few factors that are going to come into play when talking about equitable distribution laws in South Carolina. Things like the length of the marriage, who is at fault for the divorce and more will help determine how much property you will receive when the divorce is finalized. Working with a divorce lawyer will make the transaction go as smoothly as possible.
The Length of the Marriage
The first thing that the courts will consider is how long the marriage lasted. It will also consider how old both parties were at the time of the marriage and the divorce.
The courts will also take a look at the fault of both parties. If the misconduct contributed to the marriage ending, it is going to factor into the amount of distribution you receive. A divorce attorney will be able to discuss your case and decide whether this is a factor in your divorce.
The Marital Property Value
The courts will consider the amount that each spouse contributed to the acquisition, preservation, depreciation of the marital property. They will take into account the job of the homemaker so that stay at home spouses are not left out. Your divorce lawyer will be able to discuss the quality, not just the quantity, of spousal contribution for your claim.
The Present Income and the Potential to Earn
Another thing that the court and your divorce lawyer will consider is the current and future income of each spouse. A spouse who was the homemaker may end up working after the divorce, and this can affect the money awarded.
The courts will also consider whether either spouse needs extra education to achieve their best-earning potential when divorced.
The Family Home
The courts will determine who will keep possession of the family home when the divorce is finalized. This is often going to be determined based on the custody arrangements of any children. It can also determine whether the family home will go to either spouse or belong to a family member.
Liens and Encumbrances
When you are working with your divorce lawyer, debts and other liens need to divide as well. This ensures that one spouse is not left with all the debts of the other party.
These are just a few examples of the different ways that equitable distribution laws in South Carolina are dealt with. It often depends on the things that occurred during the marriage and each divorce is going to be different. If both spouses work, the property divides in a different way than if one spouse worked. Talk to your divorce attorney to discuss how equitable distribution laws work to get the best out of your case.
Contact a Divorce Attorney in Greenville, SC
If you are confused about equitable distribution laws in South Carolina and you are looking for a divorce attorney in Greenville, SC, make sure to contact us at Greenville Family Law. We can help you get in touch with a divorce lawyer who can work on your case with you. Contact us today to get started.