Let’s get honest about divorce in South Carolina. The court isn’t just going to split everything 50-50 – they’re looking for what’s fair, or as the lawyers call it, “equitable distribution.” Think of it as dividing a pie, but not necessarily into equal slices.
Property rights & division
The big question is usually, “What’s mine and what’s ours?” Here’s the deal: that house you bought together? That’s on the table. But that necklace your grandmother left you? That’s yours to keep (usually). The tricky part comes when you’ve mixed personal and marital property – like using inheritance money to renovate your shared home.
Please show me the money
Money matters get complicated fast. The court gets it if you’ve been a stay-at-home mom while your spouse climbed the corporate ladder. They might award alimony to help you get back on your feet. And those retirement accounts? Even if only one person’s name is on them, they’re probably getting split if they grew up during the marriage.
When kids are involved
South Carolina courts put kids first, period. They don’t care who’s mad at whom; they care about what’s best for the children. This means figuring out where the kids will live, who makes the big decisions, and who pays for what. Child support isn’t optional; there’s a formula for it (though judges can deviate when needed).
The nitty gritty
Courts dig deep into your situation. They’ll look at:
- How long you’ve been married (big difference between 2 years and 20)
- What each person brought to the table (and we’re not just talking money)
- Who did what during the marriage (raising kids counts as work)
- Whether anyone messed up (yeah, affairs can cost you)
Word of the wise: If your spouse cheated, keep those receipts. South Carolina takes adultery seriously when deciding who gets what. Also, get yourself a good lawyer. This isn’t like fixing a parking ticket – divorce law is complex, and the decisions made now will affect you for years.
Every divorce is different. What your cousin got in her divorce might differ from what you’ll get in yours. That’s why they pay judges the big bucks – to determine what’s fair in each unique situation.
