In Need Of a Property Division Attorney?
At the David W. Martin Law Group, our property division attorneys in Fort Mill, Greenville & Rock Hill, SC know that no matter what influenced your divorce whether it was at-fault or no-fault circumstances one thing remains true: You and your spouse must divide your property fairly and equitably.
Our Fort Mill, Greenville & Rock Hill, SC property division attorneys also know that the process is often easier said than done, especially during high-conflict divorces in South Carolina.
We can help provide answers, solutions, or mediation guidance for each of our client’s property division needs, and if those negotiations do not result in the outcome you deserve, we will take your case to family court and litigate on your behalf in front of a judge, so you get the outcome you are entitled to.
Why Should I Partner with Property Division Lawyers in Fort Mill, Greenville & Rock Hill, SC?
Property division is one of the most contentious aspects of divorce and legal separation cases in South Carolina.
Understanding the breakdown of what is uniquely yours, wholly your spouse’s, and mutually owned can be complicated and lead to severe stress and anxiety when there is confusion about how you are going to maintain your share.
Our Fort Mill, Greenville & Rock Hill, SC family law firm at the David W. Martin Law Group will stand up for your rights during these property division cases, so you will not be intimidated during the mediation process or the court proceedings.
With offices in Greenville County and throughout South Carolina, our team is uniquely qualified and ready to help you secure the items that mean the most to you. No matter how small or large the assets involved are, trust our lawyers to get the best possible outcome for you in your property division case.
What Marital Factors Are Considered During Property Division Cases in Fort Mill, Greenville & Rock Hill, SC?
Like most states, South Carolina follows the laws of equitable property division in divorce cases. This means that the courts will divide all marital property between spouses according to what is fair and equitable.
Unfortunately, fair and equitable does not always mean “equal,” which is why it is important to consult with an experienced property division attorney in Fort Mill, Greenville & Rock Hill, SC before signing a legally binding agreement.
Many factors are used to determine how property is divided during a South Carolina divorce, including:
- The length of the marriage
- Ages of spouses
- The income of each spouse
- Child custody arrangements
- Marital misconduct
Marital misconduct is an important factor, as at-fault divorces can lead to the injured party which could be a spouse who was harmed by infidelity or abuse during the marriage receiving a significant boost in reparations during their property division case.
In no-fault divorce cases, the courts will generally divide property as evenly as possible.
What Is Considered Marital Property in Fort Mill, Greenville & Rock Hill, SC?
Property distribution in Fort Mill, Greenville & Rock Hill, SC focuses on dividing the “marital property” during divorce proceedings.
Marital property may include all assets the couple acquired during the marriage. Assets each spouse had before the marriage are not marital property, nor are gifts or inheritance to one spouse.
If a prenuptial agreement or written contract excludes money or assets from one spouse, those exclusions are also not marital property. The courts cannot divide non-marital properties.
Again, how the courts divide your property after a marriage ends depends upon whether you file a fault or no-fault divorce, which is why our property division lawyers in Fort Mill, Greenville & Rock Hill, SC often suggest using mediation to resolve these cases before a judge gets the final say.
Why Choose Property Division Mediation Over Courtroom Litigation During Divorce Proceedings in Fort Mill, Greenville & Rock Hill?
Most family courts in South Carolina require divorcing couples to pursue mediation before they take their case inside the courtroom to litigate the outcome.
At the David W. Martin Law Group, our Fort Mill, Greenville & Rock Hille, SC mediation attorneys believe it is usually worth the effort to try to work out your property division agreement with your spouse during mediation rather than taking your case to trial.
Otherwise, a judge will make the final decision regarding the division of assets, properties, and debts.
Maintaining control over the decision-making process can produce the results you and your spouse seek on your own, without the court’s intervention. That allows you to make your own decisions, decrease costs, and save time, so you can move forward with your new life with confidence.
What Can a Property Division Lawyers Do For Me in Fort Mill, Greenville & Rock Hill, SC?
Our Fort Mill property division lawyers in Fort Mill, Greenville & Rock Hill, SC understand that dividing your assets, property, and debts does not have to be equal to be fair in South Carolina.
What is “fair” depends on specific circumstances. A property division lawyer in Fort Mill, Greenville & Rock Hill, SC can help you present your side of the story to the family courts, which could result in a more positive outcome.
Whether you are the person who filed for divorce or the defendant in your case, we can help you protect your rights and argue for a fairer distribution of marital property.
Without an experienced Fort Mill, Greenville & Rock Hill property division lawyer who is well-versed in property division law, you could find yourself in an unsatisfactory property division court order especially if your spouse has hired a property division attorney in Fort Mill & Greenville, SC on their behalf.
Even if you and your spouse are on the same page about how to divide assets, bank accounts, income, and debts, our Fort Mill family law lawyers can make the mediation process smoother and more cost-effective.
We will work with you every step of the way, taking care of the legal paperwork your case requires while serving as your advocate and explaining your rights, evaluating your assets, arguing the difference between marital and non-marital properties, and standing up for your rights in front of a judge.
You do not have to face your spouse and their attorney on your own, nor be intimidated by the property division process. Our experienced family law lawyers in South Carolina will provide the confidence you need to make informed decisions about your future.
Our Family Law Lawyers in Fort Mill, Greenville & Rock Hill, SC Represent Clients in the Following Practice Areas:
- Divorce
- Mediation
- Alimony / Spousal Support
- Child Custody
- Child Support
- Legal Separation
- Emergency Custody Actions
- Child Relocation
- Father’s Rights
- Grandparents Rights
At the David W. Martin Law Group, we often hear our clients say they do not want anything from their divorces, just the actual dissolution of marriage, so they can move forward with their lives. We understand.
When you are committed to moving forward with your life, focusing on the details is simply another way to delay the result. However, while we understand that thought process, we also understand that property division is your right. And the mediation process or court proceedings are part of the divorce process that allows you to retain the items that matter to you most.
Contact Our Property Division Lawyers in Fort Mill, Greenville & Rock Hill, SC Today to Schedule a Consultation
Do not give up on the process. Allow our experienced property division attorneys in Fort Mill, Greenville & Rock Hill, SC to expedite the proceedings, so you can get what you deserve from the marriage while getting closer to its finalization by contacting our family law attorneys in Greenville, SC at the David W. Martin Law Group to discuss your unique legal representation needs by calling (803) 548-2468 to schedule a consultation today.
