Divorce Lawyer in Surfside Beach, SC
Filing for divorce is both a legal process and a major life transition. At Indigo Family Law, our divorce lawyer in Surfside Beach SC law firm combines decades of legal experience with the perspective of having families of our own. We know how decisions about custody, property, and finances can affect not only your case but your day-to-day life.
That balance of legal skill and personal understanding is at the heart of our approach. We built our firm on three principles: telling you exactly what to expect, returning your calls, and handling every case with the same commitment we bring to our own families. When you work with Indigo Family Law, you have advocates who understand the law, the courts, and the human challenges behind every divorce.
Every divorce in South Carolina must meet specific legal requirements. Knowing these rules at the outset helps you prepare for the process and avoid unnecessary setbacks. To learn about about the process from our Surfside Beach divorce lawyers, contact our family law firm online. You can also call us at (843) 215-6100.
Divorce Requirements in South Carolina
Before you can file for divorce in South Carolina, residency requirements must be met. If both spouses reside in the state, one spouse must have been a resident for at least three months prior to filing. If only one spouse resides in South Carolina, that spouse must have been a resident of the state for at least one year. Meeting these requirements is essential, as the family court cannot accept a divorce case without proper residency.
Fault and No-Fault Grounds for Divorce
Divorce in South Carolina can be based on either fault grounds or no-fault grounds. Fault grounds include:
- Adultery, which must be proven through direct or circumstantial evidence, such as communications, financial records, or witness testimony.
- Physical cruelty, which involves actual violence or credible threats that make living together unsafe.
- Habitual drunkenness or drug use, where substance abuse has damaged the marriage.
- Desertion, which requires proof that one spouse left the marital home for at least one year with no intention to return.
A no-fault divorce in South Carolina is available if the spouses have lived separate and apart, without reconciliation, for a continuous period of at least one year. Separation must involve truly separate households, not simply living in different rooms under the same roof.
Unique South Carolina Laws for Separation
It is also important to note that legal separation in South Carolina does not exist in the way it does in some states. Instead, couples who are not ready or able to divorce can petition the court for an order of separate support and maintenance. This order resolves issues such as custody, visitation, alimony, and property while the couple remains legally married. For many families, this provides stability while deciding whether to pursue divorce.
Our seasoned divorce lawyers in Surfside Beach can help you determine whether pursuing divorce or seeking an order of separate support and maintenance is the best course of action for your situation.
The South Carolina Divorce Process Step by Step
Divorce is not a single event but a process that unfolds over time. Understanding each stage helps clients prepare and reduces unnecessary stress. Our Surfside Beach divorce lawyers guide you through each stage of the process, from the initial filing to the final decree, ensuring you are prepared and supported throughout.
The divorce process in South Carolina generally involves:
- Filing the Complaint: One spouse files for divorce in family court, stating the grounds and the relief requested, such as custody, property division, or alimony. The other spouse must be formally served.
- Temporary Hearing: Courts often issue temporary orders on custody, visitation, child support, alimony, and use of the marital home. These provide stability while the case proceeds.
- Discovery: Both spouses exchange financial and property records. This stage ensures assets and debts are disclosed and fairly considered.
- Mediation: Required in most contested divorces, mediation allows couples to attempt resolution outside of trial. It can save time, cost, and stress when properly prepared.
- Trial and Decree: If mediation fails, the case proceeds to trial. A family court judge makes the final decisions, and the divorce decree is issued to formally end the marriage.
At each stage, Indigo Family Law gives you straightforward guidance, ensures your rights are respected, and pursues solutions that support your long-term stability.
Temporary Orders During a Divorce
A divorce in South Carolina can take months to resolve, so families often rely on temporary court orders for stability. These orders remain in effect until a final decree is issued. They may determine who stays in the marital home, how parenting time is shared, how bills are paid, and whether one spouse must provide temporary support.
For example, if one parent has been the primary caregiver, the court may grant that parent temporary custody, while the other parent receives visitation. Temporary child support and alimony may also be ordered to ensure both spouses and their children can maintain their standard of living during the proceedings.
Temporary Orders May Having Lasting Repercussions
Although temporary, these decisions often influence final outcomes. Judges prefer consistency, and a temporary custody arrangement that works well for a child may become the permanent plan.
That is why our divorce attorneys serving Surfside Beach act quickly and strategically during temporary hearings, positioning you and your children for fair and workable arrangements from the very beginning.
Property and Debt Division in South Carolina
One of the most complex aspects of divorce is dividing property and debts. South Carolina follows the rule of equitable distribution, which means property is divided fairly, though not necessarily equally. The court considers many factors, including the length of the marriage, contributions of each spouse, and the financial circumstances of each party.
South Carolina is not a community property state. Assets are not divided 50-50 by default. Instead, the court strives for a fair outcome based on the unique circumstances of the marriage. At Indigo Family Law, we strive to safeguard your financial security, ensuring that both property and debt division are handled with care and precision.
Martial and Non-Marital Property in a Divorce
Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. This can include the marital home, vehicles, bank accounts, investments, and even business interests.
Examples of non-marital property include assets owned before the marriage, inheritances, and gifts made to one spouse individually. However, if non-marital property becomes commingled with marital assets, it can sometimes be treated as marital property.
Dividing Complex Assets in a Divorce
Dividing complex assets often requires financial expertise. Businesses may require valuation, retirement accounts may need to be divided through a Qualified Domestic Relations Order (QDRO), and hidden assets must be uncovered through discovery. Debts, such as mortgages, credit cards, and loans, must also be fairly allocated.
Custody and Parenting Plans in a South Carolina Divorce
Few issues in divorce carry as much weight as determining where your children will live and how their time will be shared. South Carolina courts base custody decisions on the best interests of the child. Judges consider each parent’s ability to provide care, the stability of each home, the child’s adjustment to school and community, and any history of abuse or neglect.
Types of Custody
Custody cases in South Carolina include both legal custody, which is the right to make major decisions about the child’s upbringing, and physical custody, which determines where the child lives. Courts often approve parenting plans that allow both parents to remain actively involved, unless circumstances make this unsafe.
How Parenting Plans Work
A parenting plan may address weekly schedules, holidays, vacations, and guidelines for parental relocation. When parents cannot agree, the court will impose a plan it believes is in the child’s best interests.
Our Surfside Beach child custody attorneys assist parents in developing parenting plans that meet their children’s needs and minimize conflict. We represent clients in both negotiations and court, always focused on preserving the parent-child bond and protecting children’s well-being.
Child Support in South Carolina
Raising children is costly, and South Carolina child support laws ensure that both parents contribute financially. The state uses guidelines that consider the gross income of both parents, the number of children, health insurance costs, and childcare expenses. Courts can deviate from these guidelines when special circumstances exist, such as extraordinary medical needs.
Our dedicated family lawyers assist clients with all aspects of child support, including calculating initial support, challenging incorrect calculations, and pursuing child support modifications when circumstances change. Enforcement actions may also be necessary when payments are not made as ordered.
At Indigo Family Law, we understand that child support disputes carry both financial and emotional weight. We work to ensure that support orders are fair, accurate, and sustainable, protecting both the parents’ financial health and the child’s well-being.
Alimony Payments in a Divorce
Alimony, also known as spousal support, is another issue that can significantly impact divorcing spouses. Alimony in South Carolina is not automatic. Courts weigh factors such as the length of the marriage, each spouse’s financial resources, the standard of living during the marriage, and the contributions each spouse made to the household.
South Carolina recognizes several types of alimony:
- Periodic alimony, paid on an ongoing basis, usually monthly, until the recipient remarries, cohabits, or either spouse passes away.
- Lump sum alimony, paid in a single, non-modifiable amount.
- Rehabilitative alimony, designed to support a spouse while they gain education or training to become self-supporting.
- Reimbursement alimony, awarded when one spouse has made significant contributions to the other’s career or education.
Alimony can end if the receiving spouse remarries or cohabits in a romantic relationship. Our alimony lawyers in Surfside Beach advise clients on whether support is likely to be awarded, and we advocate for terms that are fair and realistic.
Frequently Asked Questions About Divorce in South Carolina
Divorce raises numerous practical and legal questions, including how long the process takes and what happens to custody and property. To help you better understand what to expect, here are answers to some of the questions our Surfside Beach divorce lawyers hear most often.
What are the eligibility rules for divorce in South Carolina?
At least one spouse must meet residency requirements. Grounds include adultery, physical cruelty, habitual drunkenness, desertion, or one year of continuous separation for a no-fault divorce in South Carolina.
How long does a divorce take in South Carolina?
An uncontested divorce in South Carolina can take three to four months. A contested divorce involving custody, alimony, or property division may take a year or longer.
What is separate support and maintenance in South Carolina?
In South Carolina, there is no formal legal separation. Instead, couples who wish to live apart without divorcing can request an order of separate support and maintenance. This order addresses custody, support, and property matters while the spouses remain legally married.
How is property divided in a South Carolina divorce?
The state follows equitable distribution. Marital assets and debts are divided fairly, while non-marital property, such as inheritances and gifts, typically remains with the original owner.
What is an uncontested divorce in South Carolina?
This occurs when both spouses agree on all major issues, including custody, child support, alimony, and property division. It is faster, less costly, and usually less stressful than a contested divorce.
How does military divorce in South Carolina work?
Military divorces in South Carolina are governed by state law, but also involve federal rules regarding pensions, benefits, and deployment. Our experienced family law attorneys understand the unique issues service members face.
How much does it cost to file for divorce in South Carolina?
In South Carolina, the court filing fee for divorce is about $150. Costs may be higher if your case involves mediation, expert evaluations, or contested issues such as custody or property division. Our dedicated team of divorce lawyers in Surfside Beach can provide a clear explanation of the likely expenses upfront, allowing you to plan with confidence.
Contact Our Divorce Lawyer in Surfside Beach SC Law Firm
At Indigo Family Law, we know the outcome of a divorce shapes both your future and your family’s stability. That is why we focus on more than immediate results. If you are facing divorce in Surfside Beach or anywhere in South Carolina, contact Indigo Family Law today to schedule a consultation. You can also call us at (843) 215-6100.