Divorce FAQ
If you believe you have grounds for an immediate divorce, or if you need to file for separation prior to ending your marriage, contact Mark Leiendecker. His practical and cost-effective approach to the resolution of difficult divorce issues can help you resolve the issues as quickly and economically as possible, while still working toward the achievement of your goals for yourself and your children.
What are the state criteria for divorce?
In South Carolina, you can only file for immediate divorce if you can show that your spouse has committed adultery, is addicted to drugs or alcohol, or has been physically abusive. Mark can advise you as to the precise legal meaning of each of these grounds for divorce, and knows how to prove any of them in court if your spouse contests the dissolution of your marriage.
How long will the divorce take?
Absent any of the three statutory grounds for divorce in South Carolina, it’s necessary to file for separation for a period of 12 months before the divorce can be finalized. During the separation period, most divorcing couples resolve issues regarding child support, child custody, the division of marital assets and debts, and spousal support by way of agreement. He will work with you to identify your objectives with respect to each of these issues, and work toward a favorable resolution through negotiation, mediation, or where necessary, litigation.
What should I expect concerning child custody?
You may be involved in a divorce with disputed issues involving child support or child custody, or you may be an unmarried parent with questions about your rights or obligations concerning child support or the right to spend time with your child. In divorce cases where there is an issue as to which of the divorcing parents should get primary custody of the child or children, the court will appoint a guardian ad litem to represent the interests of the children and to evaluate the relative fitness of each parent. Mark can help you through this process so that your strengths as a parent are fully presented and fairly considered.
Child support questions are generally resolved under the South Carolina child support guidelines, which consider the incomes of both parents in setting the amount due each month from the noncustodial parent in divorce cases. For parents who are not married, the South Carolina Department of Social Services will enforce child support obligations against the noncustodial father, but no rights to parenting time or visitation are recognized unless the father files an action for paternity acknowledgement. Once granted, the unmarried father then obtains rights not only to spend time with his child, but also to play an active role in important decisions concerning the child’s education, religious training, medical care, and other matters. Mark is experienced with all aspects of establishing, enforcing, or modifying where necessary, a parent’s interest in the custody and support of his or her child. He represents both mothers and fathers, in divorce cases and in cases involving unmarried parents.
What about assets and marital property?
If the marital estate involves complex assets such as a family business, real estate investment holdings, or a professional practice, Mark Leiendecker’s experience with the appraisal and valuation of marital property can represent a significant advantage to his divorce clients. Contact the office for additional information about and insightful and effective advice in a divorce or separation case.