Misinformation creates unnecessary stress, poor decisions, and unrealistic expectations about their divorce proceedings. Many people base their assumptions about divorce on TV shows, friends’ experiences, or outdated legal information that no longer applies under current South Carolina law. At Turner Family Law, we help clients separate fact from fiction so they can make informed decisions about their futures, grounded in accurate legal guidance rather than persistent divorce myths.
Common Myths About Divorce
Widespread myths from popular culture and personal anecdotes can lead to strategic missteps that hurt cases. We work with every client to dispel these myths about divorce, set realistic expectations, and build effective legal strategies, helping avoid costly errors and emotional setbacks.
Myth: I Can’t Get Divorced if My Spouse Refuses
Under S.C. Code Ann. § 20-3-10(5), you can seek a no-fault divorce after one year of continuous separation without needing your spouse’s cooperation beyond proving the separation. While their refusal might slow the process, it cannot stop the divorce from moving forward.
Myth: I Can Date Before Finalizing My Divorce
Adultery is both a fault ground for divorce and a crime in South Carolina, so beginning a romantic relationship before your divorce is finalized can have serious legal consequences. It can affect custody decisions, alimony, and complicate settlement negotiations.
Myth: I Don’t Need a Divorce Lawyer for an Uncontested Divorce
Even in uncontested divorces, an attorney protects your interests by spotting hidden legal pitfalls. Legal guidance ensures agreements are fair, enforceable, and compliant with court rules, safeguards future rights, and helps avoid costly errors. A lawyer can help save time, money, and stress compared to DIY divorces.
Common Divorce Myths About Property and Finances
Financial misunderstandings can lead to unfavorable negotiations and unequal property division. At Turner Family Law, our dedicated divorce lawyers help clients navigate South Carolina’s equitable distribution system to clarify their true rights and obligations, addressing persistent myths despite clear state laws.
Myth: Property is Split 50/50
South Carolina follows equitable distribution principles, requiring a fair division of marital property rather than an automatic equal split. Courts consider numerous factors when dividing property:
- Duration of the marriage
- Each spouse’s contributions to marital property
- Current and future earning capacity
- Custody arrangements for minor children
- Marital misconduct that affected marital assets
- Tax consequences of property awards
Our divorce lawyers present evidence about these factors to secure favorable property divisions for our clients. Equal splits occur in some cases. However, equitable distribution often results in unequal divisions that courts determine fairly reflect the circumstances of particular marriages.
Myth: The House Is Mine Because My Name Is on the Deed
In South Carolina, property is classified as marital or separate based on when and how it was acquired and used during marriage, not whose name is on the title. Courts can divide property in one spouse’s name if it qualifies as marital property under S.C. Code Ann. § 20-3-630.
Myth: Only Women Can Receive Alimony
In South Carolina, either spouse can seek alimony based on financial need and the other spouse’s ability to pay. Courts consider economic circumstances, not gender, and our attorneys help clients obtain support whenever the facts demonstrate eligibility.
Common Divorce Myths About Child Custody and Support
Custody misconceptions cause parents to make strategic errors that harm their relationships with their children and reduce their parenting time. We correct these myths immediately because child custody decisions carry profound long-term consequences for families. False assumptions about how courts decide custody matters lead to poor preparation and disappointed parents.
Myth: The Mother Automatically Gets Custody of the Children
South Carolina courts decide custody based on the best interests of the child, with no legal preference for mothers over fathers. Both parents have equal standing, and courts consider factors like parental fitness and the child’s needs. We assist parents in presenting strong cases based on their individual strengths, not outdated gender roles.
Myth: I Don’t Have to Pay Child Support Because My Former Spouse Isn’t Letting Me See My Children
Child support obligations continue regardless of whether the custodial parent allows visitation, because courts treat support and custody as separate legal issues. Withholding support due to visitation disputes creates serious legal problems:
- Contempt of court charges
- Wage garnishment
- License suspension
- Tax refund interception
- Jail time for willful non-payment
We help clients enforce their visitation rights through proper legal channels rather than withholding support. The appropriate response to visitation interference involves filing contempt motions to enforce custody orders, not stopping court-ordered support payments that benefit your children.
Speak to a Divorce Attorney at Turner Family Law Now
The divorce process contains enough genuine challenges without basing your decisions on inaccurate information that jeopardizes your financial security and parental rights. Call Turner Family Law at 864-778-2734 today or complete our online contact form to schedule a confidential consultation with an experienced divorce lawyer in South Carolina, who will provide honest guidance about your actual options under current law.
We cut through the myths and focus on the facts that matter to your case, developing strategies based on how South Carolina courts actually decide divorce cases, not popular misconceptions.
