Aaron & Aaron, Attorneys at Law
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Be aware of property laws in your state

One of the biggest issues that arises for couples considering divorce in South Carolina is how they are going to divide their accumulated property. This can be everything from their home to family pets and even debts. Only a few things are exempt from division during divorce, such as inheritances, personal injury awards or similar compensation. However, even those can be subject to division if they have become commingled with marital property.

If a couple cannot decide between themselves how to settle the matter, it may go to court. In this case, state property division laws will come into play and each spouse's assets may need to be looked into in detail. In some states, shared property is simply divided equally between the two partners. However, in many states, including South Carolina, a system of equitable distribution is used.

As this article on property division explains, equitable distribution occurs when the judge makes a decision on the fairest way to divide a couple's assets. This often involves consideration of each spouse's income, needs and contribution to the marriage. Other matters such as child custody can affect which partner is awarded the family home.

Another way to influence property division is to have a prenuptial agreement in place. This can dramatically speed up the divorce process as it means important decisions on who receives what are made ahead of time and generally when both partners are on better terms with each other.

In any case, it is generally beneficial to have the advice of an attorney. He or she can oversee your divorce process and may be able to offer valuable guidance as you work toward a fair and favorable settlement.

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