Overview of the 3 phases of divorce with an emphasis on South Carolina. Courtesy of https://crossroadsfamilylaw.com
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Sc divorce roadmap
1. Decision /
Research
Phase
Divorce
Proceedings
Phase
Post-Divorce
Phase
Court
Filing
Divorce
Granted
South Carolina Divorce Roadmap
3?Phases
Of The
Divorce Process
Each phase has it's own unique
characteristics. All 3 phases
must be carefully considered in
your divorce.
Often, the divorce proceedings
phase gets all the attention.?
Don't underestimate the power
of the ?rst phase.
?
The roadmap will help you
understand where you are in
the process, what's coming
next.?
Page 1
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843-474-4000
2. Decision /
Research
Phase
Reconcile? Learn
Divorce Type
Advisers
Plan
TimingHousing
ActionDocuments
SC Divorce Roadmap
Page 2
The Decision / Research phase is far more important?than it would appear.
The decisions you make and the actions you take early on will set the tone
and impact the rest of the process.
If you are served divorce papers, you may not have much time for this
phase. Many of the decisions will have been made by your spouse already.
You may be tempted to slip into reaction mode, don't let that happen. Be
proactive too.
If you are the one considering ?ling, take your time and get it right. Divorce
is never easy. If you make mistakes in this phase, it can be even harder.
www.CrossroadsFamilyLaw.com? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?843-474-4000
3. Page 3
Reconcile?
Learn
Divorce Type
Advisers
Plan
Timing
Housing
Action
Documents
If there's any chance of saving the marriage, this is a
good time to try.
Learn as much as you can about the divorce process,
just like you're doing now.
Form a plan for your divorce taking into consideration
all the topics mentioned in the roadmap.
Put together a team of advisers. You will need help
with law, accounting and emotional support.
One of the 2 of you will have to move out. Who will
that be? Where will they move? On what budget?
There are tricky timing considerations that your
lawyer can tell you about for your situation.
There are different types of divorce in South Carolina.
Which one will you pursue?
When your plan is ready, the next step is to take
action.
You will need to round up an annoying number of
documents. Be prepared...
www.CrossroadsFamilyLaw.com? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?843-474-4000
4. Divorce
Proceedings
Phase
Hearings
SC Divorce Roadmap
Page 4
After ?ling?with the court, your divorce enters a new phase. There will be
procedures and requirements mandated by the court. These vary depending
on your situation. If you don't have minor children many will not apply.
Motions
Temporary
Orders
Af?davits
Child
Support
Depositions Alimony
Property
Division
Custody
Document-
ation
Mediation Agreements
Trials
Visitation
Schedules
Divorce
Decree
5. Hearings
Requests to the court for a ruling or order. Many of
these will be in writing in family law.
A legal proceeding where an issue of law or fact is
tried and with evidence to help determine the issue.
Form a plan for your divorce taking into consideration
all the topics mentioned in the roadmap.
A written statement of facts made under oath to be
used as evidence.
A verbal response under oath collected by attorneys
during the discovery process.
Alimony or spousal support is where one spouse
pays the other money for a period of time.
Payments for one spouse to the other for children
until they reach a certain age, often 18.
Schedules of when parents agree to have their
children during a divorce or custody dispute.
The care and control of a thing or person, usually
children in family law.
Hearings
Af?davits
Child
Support
Depositions
Alimony
Custody
Visitation
Schedules
Temporary
Orders
Motions
Page 5
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6. Hearings
You will need to agree on property, custody, child and
spousal support or else the court will decide?for you.
The paper that dissolves?your marriage. When you
get this you're done, almost - see the next phase.
You will need to ?nd?a way to split up all your
possessions?and ?nancial assets.
A neutral person who facilitates creating agreements.
It may be required by the court.
You will need a crazy amount?of documentation
during your divorce, mostly ?nancial.
You do not want a trial in family court. They cost a
fortune and you may not like what the judge decides.
Page 6
Property
Division
Mediation
Agreements
Divorce
Decree
Document-
ation
Trials
These are topics which may come up in your divorce.
Ask your lawyer to go over some?sample timelines for your divorce based
on your unique circumstances. Divorces are so different, each will have its
own sequence of events.
www.CrossroadsFamilyLaw.com? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?843-474-4000
7. New Will
SC Divorce Roadmap
Page 7
You're almost done, just a few more things to consider:
Post-Divorce
Phase
Modi?cations
New
Relationships
Con?ict
Resolution
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Your old will will need revising. If it mentions
your?spouse, that part will be invalid.
Consider a prenuptial agreement for your next live-in
or marriage relationship.
If there are disputes over the divorce decree, you will
need a channel where you can resolve those.
If your situation or your spouse's changes, you may
need to modify child support, alimony, etc.
New Will
New
Relationships
Con?ict
Resolution
Modi?cations