Many people on the brink of a divorce case have an image in their head of how the process may go. Too often, this image involves them and their spouse fighting in court, airing personal details in front of a judge. This image can be enough to make some people rethink divorce entirely. The good news is that what you see in movies and on television is often very different than what your divorce process will be. Many couples never have to argue their cases in front of a judge, as their divorce does not involve a trial.
South Carolina law requires divorcing couples to resolve several legal issues before a court will grant the dissolution of their marriage. Some issues include child custody, child support, the division of property and debts, and spousal support. If spouses agree on all of the relevant issues, they can submit their settlement agreement to the judge, who can simply approve it as long as it is equitable and in line with state law. This eliminates the need for a trial, which makes it the preferable route to divorce in most cases.
The right divorce lawyer can help to reach a favorable settlement agreement and avoid a trial. We have many tools, including negotiation with your spouse and their attorney, or alternative dispute resolution methods such as mediation.
While a trial can be costly and time-consuming, it is necessary in some cases when a spouse refuses to be reasonable and agree to a fair resolution. In such cases, you need an attorney with experience representing clients’ interests in court.