Family Law:

How do I know if I need a divorce?
Only you can determine whether you need a divorce. Godfrey Law Firm offers a free 30 minute consultation to assist you in understanding your rights.

Do my spouse and I each need our own separate attorneys?
An attorney can only represent one of the parties to a family court proceeding because of the inherent conflict of interest between the two parties. In some cases, a couple may decide to have just one lawyer. In those cases, the lawyer represents one person and the other person represents himself.

How long does it take to get a divorce in South Carolina?
A No-fault divorce can be filed with the court after the parties have been separated for one year, without living with each other. Fault-based divorces (ones based on fault of one of the parties) take less time. A final hearing in a fault-based divorce can be held as soon as 90 days from the date of filing.

How much do you charge to handle a divorce case?
The legal representation fee is based on the amount of time spent on the case. All cases are unique and require different amounts of time and preparation. The hourly billable rate for lawyers' and paralegals' time will be specified to each potential client in the free 30-minute free consultation.

How do I reach you after regular office hours about representation on a divorce case?
After regular office hours, you may leave a message on the voice mail at the office (864/467-9196). Attorneys are available for emergencies at cell phones 864/630-6405 and 864/630-2271. Also, contact us by e-mail at maryalice@godfreylawfirm.com or bill@godfreylawfirm.com.

Can I meet with one of your attorneys just to discuss my legal options?
Yes, Godfrey Law Firm encourages you to schedule an appointment to discuss your legal options. Such a first, up to 30-minute appointment is free of charge to you.

Does your firm handle adoptions?
Yes, Godfrey Law Firm can handle stepparent adoptions and other adoptions not requiring "finding" the child to adopt. Godfrey Law Firm is not an adoption agency.

Does your firm handle child custody cases?
Yes, Godfrey Law Firm handles child custody cases in all of the counties of upstate South Carolina.

Does your firm handle paternity cases?
Yes, Godfrey Law Firm handles cases in which paternity has not yet been established and in which paternity is being refuted.

How does child custody get decided in a divorce case?
Both parents in South Carolina have equal rights to their children, until a court order grants one of them custody. A family court judge in making the determination as to which parent will get custody will consider many factors. The overriding standard is that the best interests of the child be protected. A Guardian ad Litem may be appointed by the Family Court judge to represent the best interests of the child or children.

What is the general rule of how marital property is divided in a divorce?
Marital property in South Carolina is divided pursuant to the provisions of the Equitable Distribution Statute. This statute contains a listing of the various factors a Family Court judge must consider in dividing the assets and debts that were acquired by the parties during the course of the marriage. There is no set percentage split (i.e. a 50/50 automatic split) in South Carolina. Such factors as 1) fault in the breakdown of the marriage, 2) age and health of the parties, 3) ability to obtain other assets, and 4) nonmarital assets are but a few of the factors to be considered.

Can your firm help me collect child support?
Yes, Godfrey Law Firm can assist you in collecting child support. Usually, you will need to file a Rule to Show Cause requesting that the other party be held in contempt of court for failure to comply with a previous court order.

When is alimony paid in South Carolina?
The family court judge may award alimony at the time the divorce is granted. Some of the elements the court will consider before awarding alimony are length of marriage and health and ages of the parties. Godfrey Law Firm will help you analyze your situation to determine if one of the types of alimony (permanent periodic, rehabilitative, or reimbursement) would be applicable in your case.

Important Legal Disclaimer: The information that you obtain at this site is not, nor is it intended to be, legal advice. The material has been prepared by the Godfrey Law Firm for informational purposes only. You should consult an attorney for individual advice concerning your own situation.

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