One of the most important aspects of a separation or divorce is the process of “equitably dividing” the marital estate. The marital estate is, with some exceptions (generally involving pre-nuptial agreements, inheritances, gifts, etc.), defined as the property that either spouse acquired during the marriage, regardless of how that property is held or titled, and that is still owned by them as of the date of filing litigation. In other words, most of your “stuff.”
Property commonly included in this process may include the marital home, retirement and investment accounts, vehicles, and cash. Obtaining a fair division of these items is generally essential to being able to “start over” after the marriage ends.
A Charleston divorce lawyer can be particularly helpful in identifying which assets are marital or non-marital property, in obtaining a proper valuation of the marital estate, and in applying the many relevant factors the Court will consider in apportioning your estate (S.C. Code Section 20-3-630), either in attempting to reach an agreement as to property division, or in preparing the issues for trial.