When getting a divorce in Aiken, some couples can part on amicable terms and resolve divorce-related matters easily, while other cases are more complex. It’s important to be aware of common issues that can complicate divorce proceedings and to share these with an experienced divorce attorney right away.
Important Issues In Aiken Divorce
If you and your spouse are separated or otherwise contemplating a divorce, you are likely wondering what to expect. While you may hear from friends or family members how quickly their divorce was resolved, remember that each case is as different as the couple involved.
There are certain matters that can complicate divorce proceedings, requiring additional legal efforts and delaying a final order from being issued. The four most common are:
1. Marital misconduct on the part of your partner.
Under the South Carolina Code, a couple can file for a “no-fault” divorce, provided they have lived separately and apart for at least a year. This means that there are irreconcilable differences between you and that neither partner is to blame.
If your partner engaged in any type of marital misconduct, this can complicate divorce proceedings. Adultery, drug or alcohol abuse, and accusations of domestic violence are all listed as divorce grounds and justify filing. They can also favorably impact you when it comes to property division, alimony, and child custody.
2. Significant amount of property and assets.
One of the major issues in divorce proceedings is the division of property and assets. If you and your spouse do not own a home, business, or have large amounts in investments or savings, this may be resolved quickly. However, if you do have significant amounts of shared assets and your partner attempts to hide any accounts, or if they refuse to be reasonable in negotiations, your divorce will likely take longer.
3. Children from the marriage.
Child custody is one of the most hotly contested issues in divorce court. Parenting plans are used to determine the overall amount of time the child spends in each parent's home, arrangements for holidays, school breaks, or other special occasions, and legal authority in making decisions that impact the child. If the couple is unable to reach agreements through their attorneys, mediation will be ordered and will likely delay getting a final divorce order.
4. Willingness to be flexible and cooperative.
Despite obvious issues with your spouse, you should still aim at being flexible on certain matters and willing to cooperate in divorce proceedings. When one of the spouses refuses to do so, it can cost both time and money.
Let Us Help You Today
The above issues can complicate your divorce. If any apply to your situation, it is vitally important to have an experienced Aiken divorce attorney on your side. If your spouse is uncooperative and causes unreasonable delays, they could be liable for paying your legal fees. To get the trusted guidance you need in this situation, contact the Surasky Law Firm to request a consultation today.