What are some common issues in divorce cases?

Divorce cases are common legal proceedings in South Carolina that involve the division of assets, living arrangements, and child custody disputes. Generally, divorcing spouses come to agreements on their own, but sometimes court intervention is required. Custody disputes are some of the most common issues seen in divorce cases. This includes determining which parent will have sole custody or shared custody, setting visitation rights and creating a parenting plan. Other common issues involve dividing the assets and debts of the marriage, such as property, bank accounts and retirement benefits. Spousal support or alimony may also become an issue in some cases. Child support is another common issue in divorce cases. Both parents have a legal obligation to provide financial support for their children. South Carolina courts will use a set formula to determine child support payments until the child is emancipated. Dividing marital assets is often the most complex issue to settle in divorce cases. South Carolina is an equitable distribution state, which means marital assets are divided in an equitable and fair manner. This means the court will look at factors such as the earning potential of each spouse, the value of the assets, and the length of the marriage to make a determination. Finally, changing a last name is another common issue in divorce cases. In South Carolina, a person can go back to their maiden name after a divorce is finalized, as long as they state they wish to do so in the divorce documents. A judge must approve the name change before it can be legally enacted.

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