South Carolina Divorce Lawyer
Brana Williams and her team will stand by your side, helping you through your divorce or separation.
Divorce can be emotionally charged and stressful, and a divorce lawyer can help ease the burden by providing legal and emotional support. A Myrtle Beach divorce lawyer is a legal professional specializing in family law and can provide legal guidance and representation to individuals going through a divorce or separation.
Hiring a Myrtle Beach divorce lawyer from Indigo Family Law can help ensure that your legal rights and interests are protected throughout the divorce process and that you achieve the best possible outcome in your case.
Divorce Nationwide & Myrtle Beach, SC
According to the Centers for Disease Control and Prevention, there are nearly 800,000 divorces and annulments in the United States yearly. The median duration of marriage at the time of divorce in the United States is eight years.
South Carolina Judicial Department data shows approximately 20,000 divorces in the state annually. According to the U.S. Census Bureau, the median duration of marriage at the time of divorce in South Carolina is 10.7 years.
While the median duration of marriage is longer in Myrtle Beach, SC, than nationwide, divorce is a reality for thousands. Therefore, all married couples and those contemplating marriage must understand the divorce process. Fully understanding this information can prove useful should you face a divorce.
Damages Awarded in Myrtle Beach Divorce Cases
In a Myrtle Beach divorce case, damages are awarded to address various aspects of the divorce process. These may include property division, alimony, child support, and attorney’s fees.
Property division is an important aspect of divorce, and in Myrtle Beach, marital property is divided between the parties. Marital property is defined as all assets and debts acquired during the marriage. The court will consider several factors, such as the length of the marriage, each party’s contribution to the marriage, and each party’s financial needs when dividing marital property. The court may also consider any prenuptial or postnuptial agreements the couple may have signed.
In cases where one spouse earns significantly more income than the other, alimony, also known as spousal support, may be awarded. Alimony is intended to help the lower-earning spouse maintain their living standards after the divorce. The court will consider factors such as the length of the marriage, each spouse’s income, earning potential, and the standard of living during the marriage when deciding whether to award alimony and in what amount. It is important to note that alimony may be temporary or permanent, depending on the case’s specific circumstances.
If the couple has children, child support may be awarded to help cover the costs of raising the children. The non-custodial parent to the custodial parent typically makes child support payments. The amount of child support will depend on each parent’s income, the number of children, and other factors. The court may also consider the child’s healthcare and educational needs when determining child support payments.
In some cases, one spouse may be unable to afford their attorney’s fees. The court may order one spouse to pay the other’s attorney’s fees in these situations. This is typically done to ensure that each spouse has access to legal representation during the divorce process.
Equitable Distribution in Myrtle Beach Divorces
In Myrtle Beach and throughout South Carolina, divorce follows the principle of equitable distribution. This means that marital property is divided fairly but not necessarily equal. Marital property is all assets and debts acquired during the marriage, regardless of whose name they are in or how they are titled.
Before the property can be divided, the court must first identify what marital property is and what separate property is. One spouse owns separate property before the marriage and any property that one spouse acquired during the marriage by gift or inheritance. Separate property is not subject to division during a divorce.
Once the court has determined marital property, they will consider several factors in dividing the property, including the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s financial needs. The court may also consider any prenuptial or postnuptial agreements the couple may have signed.
Assets & Debts
Equitable distribution can include a wide range of assets, such as real estate, bank accounts, investments, retirement accounts, and personal property. Marital debts, such as credit card debt or mortgages, may also be divided between the parties.
It’s important to note that equitable distribution aims to achieve a fair and equitable result, which may not always be equal. In some cases, one spouse may receive a larger portion of the property than the other, depending on the case’s specific circumstances.
If you are going through a divorce in Myrtle Beach and have questions about equitable distribution or other aspects of the divorce process, it’s important to speak with an experienced Myrtle Beach divorce lawyer. Myrtle Beach divorce lawyers can help you understand your rights and options and work to achieve the best possible outcome.
Steps to Take in a Myrtle Beach Divorce
If you are considering getting a divorce in Myrtle Beach, there are several steps you should take to prepare and navigate the process, including the following:
- Consult with an attorney: Before filing for divorce, it is important to consult with experienced divorce attorneys in Myrtle Beach. An attorney can help you understand your rights and options and provide guidance on how to proceed with your case.
- Gather financial documents: You will need to gather financial documents, such as bank statements, tax returns, and pay stubs, to provide to your attorney and to the court during the divorce process.
- File for divorce: To initiate the divorce process, you or your attorney must file a complaint for divorce with the court. The complaint will outline the grounds for divorce and any requests for relief, such as property division, alimony, and child custody.
- Serve your spouse: Once the complaint is filed, your spouse must be served with a copy of the complaint and a summons. This can be done by a process server or a sheriff’s deputy.
- Negotiate a settlement: Before going to trial, you and your spouse may be able to negotiate a settlement agreement that addresses all the issues in your divorce case. This includes property division, alimony, child support, and custody.
- Attend mediation: If you and your spouse cannot reach a settlement agreement, you may be required to attend mediation. During mediation, a neutral third party will help you and your spouse work toward a resolution.
- Attend trial: If mediation fails, your case will go to trial. You and your spouse will present evidence and arguments to the judge, who will then make a decision on the contested issues in your case.
- Follow court orders: Once the divorce is finalized, you and your spouse must follow the court’s orders regarding property division, alimony, child support, and child custody.
Divorce can be complex and emotionally challenging, but the above steps can help you navigate the process and achieve the best possible outcome for you and your family. It is important to have the guidance of an experienced divorce attorney throughout the process to ensure that your rights and interests are protected.
Mediation & Collaborative Law
In Myrtle Beach, couples going through a divorce have several options for resolving their disputes outside of court. Two popular methods are mediation and collaborative law.
Mediation is a process where a neutral third party, called a mediator, helps the couple reach a mutually acceptable agreement on the issues in their divorce. The mediator does not make decisions for the couple but facilitates communication and helps the couple explore possible solutions. Mediation is typically less expensive and less adversarial than going to court, and it allows the couple to have more control over the outcome of their case. Mediation is often used for resolving property division, alimony, and child custody disputes.
Collaborative law is a process where both parties and their attorneys work together to reach a settlement agreement. Collaborative law encourages open communication and cooperation between the parties and their attorneys to reach a mutually beneficial agreement. The process involves a series of meetings during which the parties discuss their concerns and work to resolve disputes. If an agreement is not reached, the parties must hire new attorneys and proceed to court. Collaborative law is often used for resolving property division, alimony, and child custody disputes.
Benefits & Drawbacks
Mediation and collaborative law have their benefits and drawbacks, and the choice of which method to use will depend on the case’s specific circumstances. Mediation is generally less expensive and quicker than collaborative law, but it may not be appropriate in cases where there is a significant power imbalance between the parties. Collaborative law allows for more direct communication between the parties and their attorneys, but it may be more time-consuming and expensive than mediation.
It’s important to speak with an experienced divorce attorney in Myrtle Beach to determine the best method for your specific case. An attorney can help you understand your rights and options and guide you through the divorce process, whether you choose mediation, collaborative law, or another method of dispute resolution.
How a Myrtle Beach Divorce Lawyer Can Help You With Your Case
A lawyer can play an important role in a Myrtle Beach divorce case by providing legal guidance, advocating for your interests, and helping you navigate the complex legal process. Here are some ways a lawyer can help:
Legal Advice & Document Preparation
Divorce lawyers can advise on property division, alimony, child custody, and child support. They can help you understand your rights and options under South Carolina law and provide guidance on how to proceed with your case.
A divorce lawyer can prepare and file legal documents on your behalf, such as complaints, motions, and settlement agreements. They can ensure that all documents are completed accurately and comply with court rules and procedures.
Negotiation & Mediation
A divorce lawyer can negotiate with your spouse’s attorney on your behalf to try to reach a settlement agreement. They can help you understand the pros and cons of different settlement options and advocate for your interests during negotiations.
If you choose to go to mediation, a divorce lawyer can represent you during the mediation process and help you work toward a mutually acceptable agreement.
Court Representation & Emotional Support
If your case goes to court, a Myrtle Beach divorce lawyer can represent you during hearings and trials. They can present evidence and arguments on your behalf and advocate for your interests before the judge.
Divorce can be emotionally challenging, and a divorce lawyer can provide emotional support and guidance as you navigate the process.
A divorce lawyer can help you achieve the best possible outcome in your case and protect your rights and interests. Choosing an experienced divorce lawyer in Myrtle Beach who you feel comfortable working with and who has a proven track record of success in divorce cases is important.
Questions to Ask a Myrtle Beach Divorce Attorney During Your Consultation
If you are considering hiring a Myrtle Beach divorce lawyer, it is important to ask them the right questions to ensure they are a good fit for your case. Here are some questions to ask Myrtle Beach divorce attorneys during a consultation:
- What is your experience handling divorce cases in South Carolina?
- How do you typically approach divorce cases, and what strategies do you use to help clients achieve their goals?
- How will you communicate with me throughout the divorce process, and how quickly can I expect to receive responses to my calls and emails?
- What is your fee structure, and how will I be billed for your services?
- Can you provide references from past clients who have worked with you on divorce cases?
- How do you handle conflicts between spouses, and what is your approach to negotiating settlements?
- How do you handle child custody and child support issues, and what is your experience with these types of cases?
- How often do you go to trial in divorce cases, and what is your success rate in court?
- Do you have experience with alternative dispute resolution methods, such as mediation or collaborative law?
- What can I expect from the divorce process, and what is the typical timeline for a divorce case in Myrtle Beach?
These questions can help you better understand a Myrtle Beach divorce lawyer’s experience, approach, and communication style and help you determine whether they are the right fit for your case. It’s important to choose a lawyer who you feel comfortable working with and who has the experience and skills necessary to achieve the best possible outcome in your case.
Contact Indigo Family Law for a Myrtle Beach Divorce Lawyer
A Myrtle Beach divorce lawyer from Indigo Family Law can provide legal advice and guidance, negotiate with your spouse or lawyer, represent you in court, and offer emotional support. By working with a skilled and experienced divorce lawyer, you can navigate the complexities of divorce and move forward with confidence.