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FAQ About Family Law

Is it difficult to get a dicvorce in South Carolina?
According to the South Carolina code of law, there are five grounds for divorce in the state. They are: (1) Adultery; (2) Desertion for a period of one year; (3) Physical cruelty; (4) Habitual drunkenness or habitual use of any narcotic drug; or (5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.


What governs whether there will be alimony or not?
South Carolina legal code provides for specific types of alimony. In addition, the Court may determine there are other reasons requiring it as well. Each type of alimony has specific requirements and reasons as to why it may be granted. Types of alimony in S.C. are: (1) Periodic alimony; (2) Lump-sum alimony; (3) Rehabilitative alimony; (4) Reimbursement alimony; (5) Separate maintenance and support.


I am adopting a child. Why must there be a guardian?
In S.C., the court appoints a Guardian ad litem when the judge needs a neutral opinion regarding the child’s best interests. Ad litem means a party appointed by a court to act in a legal proceeding on behalf of another party—for instance, a child deemed incapable of representing him/herself. According to the Children's Law Office at the U.S.C. School of Law, "...the specific focus of the guardian may vary according to the type of proceeding. In all matters, the guardian ad litem is expected to function...with no allegiance to any party other than the child." SECTION 20-7-122 of the South Carolina code of law applies to the appointment of Guardians ad litem.