North Myrtle Beach Divorce Attorneys

Divorce is never easy. Whether it’s a mutual decision or one fueled by conflict, the process can be emotionally and financially draining. Even the most amicable split involves legal challenges that require careful planning and protection. From dividing assets to deciding custody of your children, the outcomes of a divorce shape your future for years to come.

At Indigo Family Law, our North Myrtle Beach divorce attorneys provide trusted legal guidance to individuals and families throughout the process. Our team is here to help you understand your rights, protect your interests, and find a path forward.

Why Choose Indigo Family Law for Your Divorce in North Myrtle Beach

Attorneys Brana Williams and Ryan Stampfle bring more than 40 years of combined family law experience to each case. At Indigo Family Law, our divorce attorneys believe in telling you exactly what you can expect, never leaving you in the dark, and approaching your situation with the understanding that comes from having families of our own.

Our divorce lawyers know the Horry County Family Court system inside and out. Whether your divorce involves a shared vacation home, complicated custody concerns, or alimony disputes, our North Myrtle Beach divorce attorneys’ local knowledge and strategic insight can make a meaningful difference in the outcome of your case.

Grounds for Divorce in South Carolina

South Carolina law allows for both no-fault and fault-based divorce. A no-fault divorce requires that spouses live separate and apart for at least one continuous year.

Fault-based grounds include:

Adultery
Physical cruelty
Habitual drunkenness or drug use
Desertion (for over one year)

These grounds can impact the court’s decisions on property division, alimony, and even custody. If your divorce involves fault, our divorce lawyers will gather the right evidence to support your position.

Overview of the Divorce Process in South Carolina

The divorce process begins by filing a Complaint for Divorce in Horry County Family Court. This legal document outlines the grounds for divorce and the relief you are requesting, such as custody, support, and property division.

Once the complaint is filed and served on the other party, the process typically includes:

Temporary Hearings to Establish Custody, Support, or Who Remains in the Home: These early court dates are essential for setting expectations and protecting children and property during the divorce proceedings. The judge may issue temporary orders that remain in effect until the final hearing.
Discovery, Where Each Party Shares Financial Documents, Asset Records, and Other Relevant Information: This is a critical phase of the divorce where transparency is required. Discovery tools can include written questions (interrogatories), requests for documents, subpoenas, and depositions. Accurate disclosure is vital to ensure a fair outcome.
Negotiations and Mediation, Where Many Cases Are Resolved Outside of Court: The majority of divorce cases in North Myrtle Beach settle before trial. Mediation allows both parties to work with a neutral third party to reach mutually agreeable terms on issues like custody, alimony, and asset division. We guide you through these discussions and advocate for a fair resolution.
Final Hearing, If No Settlement Is Reached: If some or all issues remain unresolved, the case proceeds to trial. At the final hearing, both sides present evidence and testimony, and the judge issues a binding divorce decree.

Uncontested divorces can move quickly, sometimes concluding in a few months. These are generally smoother and less expensive, especially when both parties have already agreed to terms. Contested cases involving custody battles, high-value assets, or allegations of misconduct may take a year or more and require multiple court appearances.

Our role as your North Myrtle Beach divorce attorneys is to make the process as efficient and manageable as possible. We help you stay organized, meet deadlines, and make informed decisions so you can focus on rebuilding your life.

Division of Property and Debts in a Divorce

South Carolina follows the principle of equitable distribution, meaning marital property is divided fairly, but not always equally.

Marital property generally includes:

Homes and real estate
Bank accounts and investments
Retirement accounts and pensions
Business interests
Vehicles and personal belongings
Debts accumulated during the marriage

Non-marital property, such as inheritances or assets acquired before marriage, may not be divided.

Courts evaluate many factors when dividing property, including each spouse’s income, contributions, fault in the breakup, and future financial needs. We help you identify and value your assets and work toward a resolution that preserves your financial security.

Child Custody and Visitation

If children are involved, custody becomes a central issue in any divorce. South Carolina distinguishes between:

Physical custody (where the child lives)
Legal custody (decision-making authority)

The court can award joint or sole custody, depending on what it believes is in the best interest of the child. Factors include:

Each parent’s relationship with the child
Stability of the home environment
Willingness to co-parent and communicate
The child’s needs and preferences (depending on age)
Any history of abuse or neglect

We help you create a parenting plan that addresses daily schedules, holidays, transportation, and communication. If your case is contested, we’ll represent your interests clearly and compassionately in court.

Child Support in South Carolina

Child support is calculated using a state formula that takes into account:

Each parent’s income
Number of children
Custody arrangements
Health insurance and childcare costs

Even in joint custody cases, one parent may owe support depending on income differences. Support orders can be modified if there’s a substantial change in circumstances, such as job loss or a change in custody. Our North Myrtle Beach divorce lawyers ensure support is calculated fairly and can help you enforce or modify orders through the court system.

Spousal Support (Alimony)

Alimony is not automatic in South Carolina. When awarded, it comes in different forms:

Permanent periodic alimony (ongoing monthly payments)
Rehabilitative alimony (temporary support while a spouse becomes self-sufficient)
Reimbursement alimony (repayment for sacrifices made during the marriage)
Lump sum alimony (one-time payment)

Courts consider factors like the length of the marriage, each spouse’s earning capacity, marital misconduct, and financial need.

Notably, adultery can bar a spouse from receiving alimony. If your case involves questions of infidelity, we’ll assess the impact and plan accordingly.

How Prenuptial (and Postnuptial) Agreements Affect Divorce

If you and your spouse signed a prenuptial or postnuptial agreement, it may significantly influence the outcome of your divorce. These agreements are legally binding contracts that set expectations before or during the marriage and can simplify or complicate divorce proceedings depending on how they were drafted.

Prenups and postnups can address:

How Property Is Divided: These agreements can clearly define what is considered marital property versus separate property, and outline exactly how assets like real estate, retirement accounts, and personal property should be distributed.
How Debts Are Allocated: Spouses can agree in advance on how marital and individual debts will be handled, potentially limiting future disputes.
How Alimony Is Handled: Many agreements include clauses that set or waive spousal support, depending on the circumstances of the separation.

However, the court will examine the validity of the agreement. A prenuptial or postnuptial agreement can be challenged if it was signed under duress, without full disclosure of finances, or if the terms are shockingly one-sided (unconscionable). Courts will also ensure that both parties have had an opportunity to seek independent legal advice.

At Indigo Family Law, our North Myrtle Beach divorce attorneys assist clients in drafting fair and enforceable agreements that stand up in court. If your divorce involves an existing prenup or postnup, we provide experienced counsel to either uphold or contest the agreement, depending on what protects your best interests.

Uncontested Divorce vs. Contested Divorce

An uncontested divorce is one where both spouses agree on all major issues, including property division, child custody and visitation, alimony, and child support. Because there is no dispute, these cases are usually resolved more quickly, involve fewer legal fees, and offer a more private and respectful experience. Uncontested divorces may also reduce the emotional toll on children, allowing parents to work collaboratively from the start.

In contrast, a contested divorce arises when the spouses cannot agree on one or more key aspects of the divorce. These disagreements often involve:

Disputes over custody or visitation schedules
Division of significant or complex marital assets, such as businesses or retirement accounts
Alimony or disagreements related to fault-based claims

Contested divorces typically require more time, formal discovery, expert witnesses (such as forensic accountants or child psychologists), and multiple court hearings. They can be emotionally and financially demanding, but sometimes litigation is the only way to secure a fair outcome.

Our divorce lawyers in North Myrtle Beach, SC work to resolve conflict through negotiation and mediation when possible, but we are fully prepared to advocate for you at trial when necessary.

Special Considerations in a North Myrtle Beach Divorce

North Myrtle Beach divorces often involve unique local factors that require additional care and legal planning. For example:

Vacation Homes or Rental Properties Tied to the Tourism Industry: Determining whether such properties are marital or separate, and assessing their value, income, and upkeep responsibilities, can complicate the division of assets.
Businesses in Hospitality or Entertainment: Spouses who own or co-manage local businesses may need detailed valuations and buyout strategies to ensure a fair outcome without harming business continuity.
Out-of-state Property Owners or Seasonal Residents: When one or both spouses split time between North Myrtle Beach and another location, issues of jurisdiction, service of process, and asset discovery can become more challenging.
Military Divorces: If one spouse is active duty, specific federal laws such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) may apply. These impact the division of military pensions, healthcare benefits, and timelines for hearings.

At Indigo Family Law, our divorce lawyers understand the financial and logistical nuances involved in these situations. We bring local insight, practical solutions, and personalized attention to ensure your interests are protected, whether you live in North Myrtle Beach full-time or part-time, own property or operate a business locally, or serve in the military.

Working With Our Divorce Lawyers: What to Expect

Our divorce lawyers provide a structured, compassionate approach to your divorce:

Initial Consultation: We listen and offer guidance.
Strategic Planning: We tailor a roadmap based on your goals.
Filing and Preparation: We handle all court documents and filings.
Negotiation or Litigation: We advocate firmly for your best interests.
Resolution and Post-Divorce Support: We remain available for modifications or future legal concerns.

We believe divorce representation should be personal, clear, and responsive. You will always know where your case stands.

North Myrtle Beach Divorce Frequently Asked Questions (FAQs)

Can I keep the house after the divorce?

Possibly. The home is considered marital property unless proven otherwise. If you have children, courts may favor the parent who remains the primary caregiver. We help negotiate or litigate for a fair arrangement.

What happens if my spouse won’t sign the divorce papers?

You can still move forward. If the other spouse is served and fails to respond, the court may issue a default judgment. We can guide you through the process and ensure proper service.

How long do I need to live in South Carolina to file for divorce?

You must live in the state for at least one year before filing, or three months if both spouses are residents. We’ll confirm your eligibility during your consultation.

Can we get divorced if we still live together?

Not for a no-fault divorce. South Carolina’s one-year separation requirement means living in separate households. There are exceptions in fault-based cases.

Contact Our North Myrtle Beach Divorce Attorneys Today

Divorce is one of the most important legal processes you will go through in your life. It affects your finances, your family, and your future. At Indigo Family Law, we make sure you don’t go through it alone.

Whether your case is amicable or adversarial, simple or complicated, we bring experience, local knowledge, and personal commitment to every client we serve in North Myrtle Beach. Contact us online to schedule a meeting in our North Myrtle Beach office with a team member.