Fault vs. No Fault Divorce

Charleston Fault-Based And No Fault Divorce Lawyer

Beverly K. Ballinger, P.A.

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Fault-Based Divorce

 

South Carolina grants “at-fault” and “no-fault” divorces. Parties who pursue an at-fault divorce must prove that they are entitled to a divorce because their spouse is responsible for the failure of the marriage based on one or more of the following grounds:

  • Adultery
  • Physical cruelty
  • Habitual drunkenness or drug use
  • Desertion for a period of one year

Proving that your spouse caused the breakdown of the marriage may lead the court to award you a more favorable property settlement or spousal support payments. However, at-fault divorces often involve intense conflict between the parties that can sometimes lead to prolonged and expensive litigation and emotional turmoil for the family.

Many parties opt to file for a “no-fault” divorce. After you and your spouse have been living separate and apart without cohabitation for at least one year, you can pursue a no-fault divorce, which is designed to provide a prompt legal ending to your marriage without the burden of having to prove fault. If you wish to pursue a no-fault divorce, we can represent your interests and help you get through this as quickly as possible.

 

Mediation Can Help You Avoid Hassle And Reduce Expense

No Fault Divorce

 

Not every divorce involves intense disagreements or complex issues. A no-fault divorce can reduce the aggravation and cost associated with a protracted legal battle, while allowing the parties to move forward with their lives as quickly as possible.

At the law firm of Beverly K. Ballinger, P.A., we have decades of experience and are available to guide clients through the divorce process while protecting their legal rights and helping them achieve their goals. Located in Charleston, South Carolina, we represent individuals and families in the Tri-County area and throughout the rest of the Lowcountry.

Many divorces can be resolved through the use of negotiation and/or mediation to reach an out-of-court settlement on all matters surrounding property division, child custody and visitation,child support and spousal support. In such cases, only one court appearance may be required in which the parties’ negotiated settlement is reviewed and approved by a judge. Proceeding in this fashion is a great alternative for divorcing couples who wish to avoid the stress and expense of litigation and minimize the emotional burden on the children. If the parties wish to try this method of resolving the issues and are unsuccessful, Beverly K. Ballinger is a zealous advocate in the event the matter needs to go to court for resolution.

 

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