What to Know About Contested Divorce, Evidence and Assets in South Carolina

Divorce can be difficult under any circumstances, but when disputes arise over the terms of the divorce, the accuracy of financial disclosures, and who has evidence of wrongdoing, the process can become quite complicated. If you find yourself in the middle of a large stack of paperwork, trying to determine what to bring to courtor how to make sense of financial disclosures, you are not alone.

In these kinds of situations, speaking with a Divorce Lawyer in Charleston may help you better understand your situation and what steps may be appropriate next, rather than immediately resolving your case. This guide covers some of the most frequently asked questions about contested divorce, especially issues involving evidence, financial disclosures and marital assets. 

What Makes a South Carolina Divorce Contested?

Every divorce case is different; many spouses tend to agree on several issues, including those related to the distribution of property. Couples that cannot come to an agreement on one or more terms of the divorce may face a more complex legal process.

A divorce is considered contested when spouses cannot reach an agreement on one or more issues. It usually involves a more complex process since the spouses have to go through additional court proceedings such as hearings and trials.

Why Authentication Matters for Digital Evidence

In many cases today, people can store relevant evidence in a digital format, such as text messages, emails, social media posts or even payment records from a financial application. However, this type of evidence may not be enough for a court to admit as evidence.

Authentication is the process of verifying digital evidence and proving that the text message is authentic. Digital evidence typically needs to be authenticated before a court will consider it, so the court can confirm that it is genuine and reliable. where its reliability and authenticity can be verified by the court. Therefore, in a divorce case, digital evidence should be organized and presented clearly in court and be gathered and preserved as early as possible.

How Does the Discovery Process Help Find Hidden Assets?

The discovery process can be useful when one spouse believes that the other spouse may not have fully disclosed financial information. Discovery is the formal legal process that allows each party to request information from the other party, typically taking the form of requests for financial records and documents, depositions (sworn testimony given under oath) and subpoenas (court orders requiring a third party, such as a bank or employer, to provide relevant records or documents).

Discovery allows both sides to gain a complete picture of each spouse’s financial situation before dividing marital assets or determining alimony or other financial support. The process can take time to complete, and the scope and complexity of the issues can vary greatly, depending on the facts of the case.

How Can a Business Be Used to Hide Money During Divorce?

Often, business ownership is another layer of complexity in a divorce case, particularly when one spouse believes the other is using the business to conceal marital assets or income. Typically, this may happen in several ways, such as:

• Underreporting business income 
• Delaying bonuses, commissions, or other compensation until after the divorce has been finalized
• overstating business expenses and making business profits appear lower than they are
  

Each of these scenarios typically requires a closer review of the business’s finances to understand, which is why discovery and the related financial records are especially important when business assets are involved. In essence, a court will always try to develop an understanding of each spouse’s financial situation, even if that requires additional financial information or documentation.

How Are Assets and Property Divided in a South Carolina Divorce?

A common misconception about South Carolina divorce law is that marital property is always divided equally in a divorce case. This is not the case. South Carolina is an equitable distribution state, which means that marital property is divided in a way the court determines is fair, rather than necessarily equal.

When determining what equitable division means in a specific case, the courts consider several factors, including:

• The length of the marriage
• The income of both spouses
• The earning capacity of both spouses
• The contributions made by each spouse, including childcare
  and housekeeping
• Each spouse’s financial needs after the divorce.

Since all of the above factors will be different in every case, the division of marital assets in a divorce case is always unique.

Key Takeaways

Contested divorces may involve additional legal, financial issues and require additional court procedures to verify the accuracy of financial disclosures provided by each spouse and to determine the division of marital assets during the divorce process. Discovery, the use of digital evidence, and South Carolina’s equitable distribution law (rather than equal division) are just some of the important factors to consider during a South Carolina divorce. A divorce case will always be different depending on the specific facts and circumstances of the case.

Disclaimer

This content is provided for educational and informational purposes only and should not be taken as legal advice. Divorce and related legal matters may involve different procedures depending on the specific facts of each case or South Carolina law. Consider speaking with experienced Divorce attorneys Charleston to obtain appropriate guidance about your divorce, assets, and legal rights in general.