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Gray Divorce, Mount Pleasant, SC

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Gray divorce: A new beginning for those over 50.

Divorce can be a difficult process, no matter what the reason behind the breakdown of the marriage might be. While many people assume that divorce is more likely in the earliest years of the marriage, people often grow apart over time. If you are planning to end your marriage later in life, having a Charleston attorney with experience representing clients in “gray divorce” is essential to have on your side. Contact Ballinger Law Firm at (843) 412-9507 today to schedule a consultation.

An older couple sitting on a couch.

Experienced Gray Divorce Attorney in Charleston, SC

The Ballinger Law Firm offers compassionate and client-focused legal representation for all types of divorce cases in Charleston, South Carolina and its surrounding areas. We understand that every divorcing couple faces unique challenges, and that a divorce in later years can feel especially daunting. In some ways, this type of divorce can even be more difficult than for younger spouses.

The term “gray divorce” refers to any divorce that happens when the spouses are over the age of 50. If you and your spouse are currently in your fifties or older and feel like you have outgrown your marriage and are ready to move on, turn to Ballinger Law Firm for help with the divorce process.

In South Carolina, it is possible to file for divorce with fault or on a no-fault basis, and there are specific requirements for either option. You can rely on the Ballinger Law Firm team to address your questions and especially your financial concerns and explain what you can expect in any future proceedings. 

Gray Divorce Statistics

Between 1994 and 2019, the divorce rate in the U.S. in general declined. But for those over the age of 50, the divorce rate actually increased. Today, it is estimated that approximately 25% of all couples involved in divorce litigation are over the age of 50, and half of those cases involve marriages that have lasted for 20 or more years.

There are many factors impacting the rise in the gray divorce. For one, there is no longer as much stigma surrounding divorce today. Moreover, there is no longer necessarily as much income disparity between women and men, so women may no longer feel as dependent on their spouses for financial support.

Another possible factor is that people of all ages – not just those over 50 – may be less likely to remain in a relationship that causes stress and anger. Today, both men and women may feel that divorce is a better option than remaining in an unhappy marriage into their retirement or “golden” years.

Filing for Divorce in South Carolina

In South Carolina, it is possible to file either a fault-based or no-fault divorce. An attorney with gray divorce experience can explain the criteria you will need to meet in order to file the right kind of divorce petition. The Ballinger Law Firm has decades of professional experience helping clients navigate all types of divorce cases, and we can apply this experience to a gray divorce in the Charleston area. Any divorce is a complex process, so it is important that you connect with experienced legal counsel as soon as possible.

Considerations for Divorcing Later in Life

Divorce can be challenging at any age, but if you’re divorcing later in life, there are a number of special considerations you should keep in mind. One such issue is the preservation and allocation of marital assets. Another is that those involved in a gray divorce are closer to retirement age, so you need to ensure your financial future is adequately protected.

In South Carolina, divorce is more than just ending your marriage: It is also a legal process of dividing ownership rights for your property. This is one reason why so many divorce cases are heavily contested, and why every divorcing spouse in Charleston needs legal counsel they can trust for this often-difficult process.

Your attorney at the Ballinger Law Firm will carefully assess all the potential challenges and opportunities in your upcoming divorce and advise you at every step of the way.

Separate Versus Marital Property in Gray Divorce

In any divorce, questions about what constitutes separate property and what’s considered marital property can be a significant area of conflict. That can be even more true for a gray divorce.

Generally, marital property includes any assets, properties, or liabilities acquired by the spouses during their marriage. For example, if a couple marries and purchases a house together, their house would be marital property for the purposes of divorce. Separate property can include things a spouse owned prior to their marriage, gifts given specifically to them by people outside the marriage, and any inheritance they received from relatives.

However, in some cases, separate property may legally qualify as marital property. For example, if one spouse owned a home prior to the marriage and the couple later decides to divorce, the other spouse may claim that the house should count as marital property because of how the parties treated the property during the marriage (titling in both names, using marital money to increase the equity in the home, making capital improvement to the home, etc.)

Your attorney can help you resolve any disputes about what is or isn’t marital property. She will guide you through the financial disclosure process and ensure that your statement is complete and accurate. If you intend to claim any separate property, your attorney will know what documentation you will need to prove that the property in question is your legally separate property.

Understanding Alimony in a Gray Divorce

Alimony or spousal support can be a contentious issue in a divorce. The purpose of alimony is to ensure that the supported spouse has the financial resources they need to maintain a standard of living comparable to what they had while married. Generally, a higher-earning spouse will pay alimony to a lower-earning spouse, and the amount they will be required to pay and the length of time these payments must continue will vary based on multiple factors.

  • The judge handling the case will carefully review each spouse’s income and their respective separate property ownership.

  • The judge must also assess whether both of the spouses are able to support themselves and what type of retirement funds will be available to each of them. For example, if one spouse has relied on the other for financial support for a long time, they may have minimal job prospects due to their age or medical condition.

  • If alimony is to be awarded, the judge will decide how much needs to be paid each month based on the income difference between the spouses and the supported spouse’s overall needs.

  • The length of time that these payments must continue will largely depend on how long the couple was married. In a gray divorce, it is possible that the spouses have been married for decades, and the judge may decide that permanent alimony is appropriate.

Whether you are expecting to receive or pay alimony in Charleston, it is natural to want to ensure that the determination is as fair as possible. Your Charleston gray divorce lawyer at the Ballinger Law Firm will help you understand the various elements that will need to be addressed to resolve spousal support as an element of your divorce.

How to Resolve Your Gray Divorce in Charleston

Divorcing spouses in Charleston have options for resolving their divorce cases. Many couples attempt alternative dispute resolution to avoid the stress, expense, and time commitment that litigation will require. For example, mediation allows the spouses to privately negotiate various aspects of their divorce case, and as long as they are willing to compromise, it is possible to resolve their divorce in a much shorter timeframe than they could expect in contested litigation.

Your Charleston gray divorce attorney can explain your options for resolving your divorce, and they will be an invaluable source of support no matter what direction your case takes. They can represent you in mediation or negotiation sessions, and they can also provide courtroom counsel if you and your spouse cannot reach a negotiated settlement and need to resolve your divorce through litigation.

What to Expect From Your Gray Divorce Attorney in Charleston

Reaching the decision to end your marriage is rarely easy, especially when it comes to divorce later in life. Whatever the underlying reason for your divorce may be, you are likely to have many difficult legal questions that you cannot answer for yourself, and it is important to have an experienced Charleston gray divorce lawyer on your side.

The team at the Ballinger Law Firm will carefully review the details of your situation, explain the legal services we provide, and help you understand what to expect in the proceedings ahead of you. Do not assume that if you and your spouse are on amicable terms, you can resolve your divorce without hiring legal counsel.

You can trust the Ballinger Law Firm to help you complete the financial disclosure statement, and if you notice any issues with your spouse’s statement or if you suspect they have hidden assets, we can coordinate with forensic accountants to reveal the truth of the situation. You can also trust our team to address issues like alimony and disputes regarding separate versus marital property.

We can assist you with the various stages of alternative dispute resolution if you and your spouse wish to avoid protracted litigation, but we can also provide comprehensive legal counsel if you must resolve your divorce at trial. You can also trust our firm to help you if you are filing a fault-based divorce, and we will do everything we can to ensure the outcome of your case reflects the underlying reason for your divorce.

Find Legal Representation You Can Trust in Charleston

The Ballinger Law Firm has successfully represented many clients in all types of divorce cases, including gray divorce. We know the unique challenges you are likely to face in this type of case and how to help you overcome them. Whether you or your spouse has decided to end your marriage, or you have reached the joint decision to divorce, it is important to connect with a Charleston gray divorce attorney as soon as possible so they can begin working on your case.

We have over 30 years of experience helping couples in the Mount Pleasant, South Carolina area with the divorce process. No matter your age, if you are ready to end your marriage, turn to us for diligent and compassionate legal representation. Call the Ballinger Law Firm today at (843) 412-9507 to schedule your consultation with a gray divorce attorney in Charleston you can trust.

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