The Waggoner Law Firm represents clients in need of help for a variety of family law areas including divorce, child custody, and child support. Geoff Waggoner began his career in 1978 representing fathers in family court who wanted custody of their children. Building a track record of successful representations, the Waggoner Law Firm continues to represent clients today in Charleston, Berkeley and Dorchester Counties.
We understand that issues concerning your marriage and children are the most important of your life. If you should find yourself in need of an attorney to handle your divorce, custody or support concerns, make an appointment with our office and allow our attorneys to help you begin to regain control of your life.
Frequently asked questions:
What are the grounds for divorce in South Carolina?
South Carolina is a “no fault” divorce state. This means that couples have the choice of either suing for divorce for “fault grounds” or “no fault.” The fault grounds in South Carolina are adultery, physical abuse, habitual drunkenness, and abandonment. Unlike other states, we do not permit divorce for “irreconcilable differences” or “mental cruelty.”
In the event that a couple does not wish to proceed on any of these grounds, they may choose to proceed with a divorce by living separate and apart for a year and filing for a no-fault divorce. In this type of divorce, neither individual is “blamed” or sued for causing the breakdown of the marriage.
What is separate support and maintenance?
South Carolina does not recognize “legal separation.” However, once you have separated from your spouse and are no longer living under the same roof, you may file for separate support and maintenance, regardless of whether or not you are proceeding under fault or no fault grounds, or choosing to get divorced at all. Separate support and maintenance is a tool in family court which allows for a couple to either agree in a separation agreement or by a judge after a hearing, as to how the couple will divide their debts and assets, allocate alimony, determine custody, visitation, and support.
Do I need a prenuptial agreement?
Often times, we imagine that only the wealthy need prenuptial agreements. However, in an age when many individuals will find themselves in a second or third marriage, these agreements have become far more common. You have many options if you should choose to proceed with a prenuptial agreement, but these agreements should come after a thorough disclosure of all financial information and consultation with an attorney. Both individuals have an interest in what the agreement contains and both are served by having independent counsel representing their best interests.
What factors will the Court consider when determining child support?
The Court’s goal during a divorce is to limit the impact the children feel from the divorce. In part, this means that the Court will award child support to the parent with primary custody. While there are several factors the Court will consider, the Court will always act to protect the best interests of the child. Other factors include both parents’ income, child care costs, and any special needs of the children.
How does the Court determine who will get custody?
Both parents are entitled to custody of their children. However, split custody is somewhat unusual. Typically, the Court will find that one parent should have primary custody. Although there are several factors which the Court will consider, the primary concern is the best interests of the child. Some cases require a Guardian Ad Litem to help the Court represent the child’s best interests.
