Family Law & Divorce Attorney in Myrtle Beach, South Carolina

Knowledgeable & Experienced Family Law & Divorce Lawyer

Divorce and family law disputes are often difficult and stressful. At The Reed Law Office, we deliver individualized attention, and work with our clients to deliver thoughtful, compassionate, and effective, legal advice and representation.

Personalized Guidance

Every family law case is unique, and they often involve highly emotional and sensitive issues. At The Reed Law Office, we will listen to your specific situation, concerns, and goals, in order to provide personalized advice and strategies to best address your specific legal needs and objectives. We provide thoughtful and compassionate representation to our clients, and strive whenever possible to resolve divorce and family law disputes through negotiation, in order to minimize conflict, and preserve relationships. However, we also realize and understand that sometimes it is not possible to reach an amicable resolution through negotiation.

Our goal is to assist our clients in resolving family court issues as amicably as possible, and provide legal advice and guidance to assist our clients to determine the best solutions for their family. Unfortunately, not all cases can be resolved through settlement. In these situations, we represent our clients with the necessary litigation experience to protect their interests, and obtain the best outcome possible. Whether you need an aggressive divorce attorney, or someone to help negotiate your family law case, we are ready to assist you.

South Carolina Divorce

South Carolina has both fault-based grounds for divorce, as well as the no-fault ground of living separate and apart for a period of one year. In addition, South Carolina also has an action for Separate Support and Maintenance. The action of Separate Support and Maintenance allows you to seek temporary and final distribution of assets, as well as child custody and visitation arrangements, and temporary or permanent spousal support, all while being separated. These actions allow parties to resolve all issues arising from their marriage, except for the actual divorce itself.

In South Carolina, Family Court has jurisdiction over divorce, as well as separations, child custody and visitation, child support, spousal support and alimony, and division of marital property, including retirement and pensions.

What are the grounds for divorce in South Carolina:?

Adultery (heterosexual or homosexual)
Habitual drunkenness
Physical cruelty (note that emotional abuse, irreconcilable differences, or mental cruelty, are not sufficient)
Abandonment (when one spouse is gone for longer than a year from the marital home)

South Carolina also has no fault divorce grounds, which is based upon the parties living separate and apart for at least one year. It is important to note that the spouses must live separate and apart, in separate residences, for the entire one year period. Unlike some other states, South Carolina does not allow spouses to live separately, in separate rooms, within the same residence.

No-fault Divorce in South Carolina

To file for a no-fault divorce in South Carolina, you will need the following:

One year or more separation: You and your spouse must have officially lived apart for at least a year before filing for divorce.
Independent corroboration: To successfully prove your no-fault grounds for divorce in South Carolina, you will need independent corroboration of your year-long separation. This is typically a witness with knowledge of your separation, who testifies to your separation.

Residency Requirements: How Long Do You Have to Live In South Carolina Before You can File for Divorce?

In South Carolina, you are eligible to file for divorce if one of the following is true:

Either you or your spouse has lived in South Carolina for at least one (1) year immediately prior to the time you file for divorce.
Both you and your spouse have lived in South Carolina for at least three (3) months prior to the time you file.

In short, if both parties have lived in South Carolina for over three (3) months, then South Carolina has personal jurisdiction of the parties. If one of the parties is out of state, and the other party lives in South Carolina, the South Carolina resident must have lived in South Carolina for a period of over one (1) year. Other factors may change this answer, so it is important to address specific jurisdiction issues with a knowledgeable and experienced South Carolina family law attorney.

How long does the divorce process take in South Carolina?

Divorcing parties may obtain a divorce 90 days after the date of filing, if a fault-based ground exists, and the burden of proof is met to show that the fault-based ground exists.

Divorcing parties may also be able to obtain a divorce 90 days after the date of filing, if all issues in the case have been resolved and settled on a final basis.

Property Division in South Carolina

Property division in divorce in South Carolina (also referred to as “equitable apportionment” or “equitable distribution”) is how a couple’s marital estate is divided. South Carolina is an “equitable distribution” state. Equitable distribution of marital property is based on a recognition that marriage is, among other things, “an economic partnership.” The court will divide the martial property between spouses, after consideration of the following factors:

Duration of the marriage
Age of both spouses
Misconduct or marital fault
Current value(s) of marital property
Contribution of each party to the acquisition of marital property.
Income of each party
Earning potential of each spouse
Health of each party
Separate property of each spouse
Tax consequences and retirement benefits of each party
Debts and expenses of each party
Custody arrangements for any children born of the marriage
Other relevant factors

Name Change upon Divorce

In South Carolina, you may change your name at the time of divorce. However, you must request a name change in your pleadings, to put the court on notice that a name change is being sought. At the time of divorce, you must testify under oath that you are requesting a name change for personal reasons, and answer a series of questions that verify that you are not changing your name to avoid criminal charges, listing on a sex offender registry, or any other improper purpose.

Child Custody in South Carolina

Child custody actions can be filed independently, or as part of a divorce action in South Carolina. Under South Carolina law, the standard applied in all custody actions is “the best interests of the child.” The courts consider many factors in determining the best interests of a child, including, but not limited to, the physical, psychological, spiritual, educational, familial, emotional, and recreational aspects of the child’s life. The courts will also assess each parent’s character, fitness, and attitude, as they impact the child, as well as consider the child’s preference for custody, and weigh any domestic violence.

Legal & Physical Child Custody Arrangements in South Carolina

Legal Custody

In South Carolina, there are two types of legal custody arrangements: “joint custody” and “sole custody.” Joint legal custody means both parents have equal rights and responsibilities for major decisions concerning the child, such as educational, medical, extracurricular, or religious decisions. Sole custody means one parent has the right and responsibility for making major decisions concerning the child. It is important to note that a parent who does not have physical custody of a child may still have legal custody.

Physical Custody

A parent with primary physical custody lives in the same household as the child. Additionally, the parent with primary physical custody (also called “the custodial parent”) is legally responsible for the child’s day-to-day care, including food, clothing, education, medical care, and safety. The parent without primary physical custody (called the “noncustodial parent”) is usually responsible for paying child support to the other parent.

Shared Physical or Legal Custody

In South Carolina, parents can share physical and/or legal custody, or one parent may have sole physical or sole legal custody. Joint physical custody in South Carolina means that both parents have frequent contact with their children, and joint legal custody means that both parents have an equal say in making major decisions on behalf of the child. However, a joint physical custody award does not mean that the parents have exactly equal time with their child.

In most cases, parents will share legal custody, unless it is not in the child’s best interests. Even where parents share legal custody, if the parents are unable to agree on a matter involving the child, the primary custodial parent typically has the right to make the final decision, unless court intervention is sought. It is important to note that in South Carolina, when one parent has sole legal and physical custody, the noncustodial parent has an equal right to access the child’s medical or educational records. Additionally, South Carolina child custody laws allow a noncustodial parent to participate in and attend a child’s school activities, unless it is expressly prohibited by court order.

What Is Visitation or Parenting Time?

Each parent is entitled to visitation (also called “parenting time”) with the child, regardless of whether that parent has legal and/or physical custody. South Carolina mandates that a noncustodial parent receive a minimum amount of visitation, unless that parent’s parental rights have been terminated. Typically, a minimum visitation award will grant a parent one weeknight visit, and overnight visits, every other weekend.

Who Decides Custody and Visitation?

Parents may reach their own custody agreements, as long as the terms serve a child’s best interests. If parents reach an agreement, a judge will review it to ensure that it adequately meets the child’s needs, and best interests. If it does, the agreement will become a court order. Parents who are unable to reach a custody agreement will have to attend a custody trial.

How to Get Full Custody in South Carolina

Any factor that is relevant to your child’s best interests is relevant to custody. Specifically, a judge may review the following factors in order to make a custody determination, in the best interest of the child:

each parent’s age, physical, and mental health
each parent’s mental health
the child’s temperament and developmental needs
the child’s relationship with each parent
the child’s adjustment to home, school, and community
each parent’s ability to provide the child with a safe, stable, and enriching environment

In South Carolina, there is a rebuttable presumption that a parent who has committed domestic violence against the other parent, or the child, should not receive custody. The abusive parent can overcome that presumption by showing that an award of custody would be in the child’s best interests. However, this is often a difficult standard to meet when there is evidence of abuse.

Parenting Plans

In South Carolina, parents must submit parenting plans to the court in custody proceedings. These parenting plans reflect the preferences of each parent, specifically as to how much time the child will spend with each parent, and which parent will make major decisions for the child, including the child’s education, medical and dental care, extracurricular activities, and religious training.

The most common parenting arrangement is where one parent serves as the primary caretaker of the child, and that the other parent has visitation with the child. The primary caretaker is responsible for the child the majority of the year, with the other parent having visitation, which is typically every other weekend, holidays, and during the summer break.