Common Myths Around Divorce

Divorce is hard without there being misleading facts about it. 

It’s necessary to dispel the fog of common divorce myths. We try to remove these and throw more light on: 

  • the realities of property division 
  • dating during separation 
  • consent requirements 
  • custody battles 
  • the rights to the marital home 

Myth #1: Property Will Be Divided 50/50

People usually assume that marital property has to be divided equally in divorce. 

That assumption is untrue. 

South Carolina is an ‘equitable distribution’ state, meaning the division has to be fair, but not necessarily identical/equal as a rule. 

The court considers different factors like income, the earning potential of each spouse, non-marital property, etc.

Myth #2: You Can Date During Separation

People have a misconception there are no issues dating others if they’re separated from their spouses, before finalizing their divorces. 

That’s not accurate, either.

This can be considered adultery in South Carolina. It’s a fault ground for divorce.  

Adultery directly affects alimony, property division, and other divorce issues. 

Myth #3: You Need Your Spouse’s Consent

A common misconception is that you need your spouse’s consent or agreement to get divorced in South Carolina. 

This is false. 

As long as you meet the residency requirements and have grounds for divorce, you can file for divorce without your spouse’s permission. 

Myth #4: Mothers Automatically Get Custody

People assume the child’s custody goes to their mother unless otherwise contested.

But the fact is there’s no automatic preference for the mother or father for child custody. 

Custody decisions basically depend on a child’s best interests and needs and each parent’s circumstances. 

Myth #5: You Can Kick Your Spouse Out

There’s no legal standing to one spouse removing the other from their marital home.

Till the time the court issues orders about possession of marital residence, both spouses have the right to live in the home. 

These are common myths dispelled. Every case is different. There may be more doubts in your mind that are specific to your divorce. You must consult with an experienced divorce attorney to know your rights and options.

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