Frequently Asked Questions

An uncontested divorce based on one year of separation can usually be finalized within a few months of filing. A contested divorce involving fault grounds (like adultery), complex property division, or custody disputes can take over a year to resolve through mediation or trial.

To obtain a no-fault divorce in SC, you and your spouse must live in separate residences continuously for 365 days without interruption. Sleeping in different bedrooms in the same house does not count as separation under South Carolina law.

The court decides custody according to the child's best interests under the statutory factors and the evidence presented. Those factors include the child's needs, each parent's ability to care for the child, the child's relationships and adjustment, the parents' conduct, and safety concerns.

Military divorces involve federal regulations like the USFSPA, which governs the division of military pensions. They also involve calculating support based on unique compensation structures (BAH, BAS) and navigating custody issues related to deployments under the Servicemembers Civil Relief Act.

No, SC is an 'equitable distribution' state. The family court divides marital property fairly, but not necessarily equally. The judge considers factors like the length of the marriage, contributions of each spouse (including homemaking), and marital fault.

Yes. In South Carolina, adultery is an absolute bar to receiving alimony if it occurred before the formal signing of a written property or marital settlement agreement, or before the entry of a permanent order of separate maintenance.

We offer an initial consultation to discuss your case, review your options, and explain our fee structure. Please call our office or submit a contact form to learn about our current consultation rates for family law and criminal defense matters.

Bring any existing court orders, pleadings you have been served with, a basic outline of your marital assets and debts, recent pay stubs, and any evidence relevant to your case (such as text messages or financial documents). The more information you provide, the better we can assess your situation.

Many family law cases are resolved without a trial. Mediation is commonly used in South Carolina family court matters and may help parties reach an agreement, though it is not appropriate or successful in every case. If a fair settlement cannot be reached, Daniel T. Sullivan can explain the trial process and provide experienced courtroom representation.

While you can represent yourself (pro se), it is risky. A single mistake in a drafted agreement can result in lost rights to property, retirement accounts, or support that cannot be easily fixed later. An attorney ensures your agreement is legally sound and protects your future.