ARE YOU REALLY READY FOR A DIVORCE?

This is an important decision and should not be taken lightly or in response to one incident.  A marriage is not something one can just walk away from and call it a day.  Marriage is a legal contract that requires a judge to approve the dissolution of at any time.  If children are involved there are even more issues that a judge must address related to custody, visitation and child support.   No one ever wins in a divorce.  There are always cases where the individuals are happy once they are separated, but in general there are also casualties from the end of a marriage.  The divorce attorneys in our office like to ensure that a divorce is the last option.  Once we get started, it is hard to turn back.  We believe in representing our clients vigorously at every stage of the case.  Our divorce attorneys in Myrtle Beach are able to assist you in your family law case.

HOW TO GET A DIVORCE IN SOUTH CAROLINA:

1. In most cases you will need an attorney.  The process is simply too complicated to handle without the assistance of an attorney.   If there is any disagreement about anything related to the separation you will definitely need an attorney.  A South Carolina divorce attorney can make the process go as smooth as possible.

2.  A separation agreement or file the petition for dissolution of marriage? this is the next question.  If you are in agreement on most things and the marriage is over with no fault of either spouse, a separation agreement is a good idea.  The agreement will lay out the rules that each party will follow during the pendancy of the divorce.  If the divorce is fault based (adultery, habitual drunkenness, desertion, physical abuse) a petition should be filed.

3.  If a separation agreement is signed, then the parties will need to remain apart for a year prior to going to court for the final hearing.  If a petition is filed a temporary hearing will be held and the discovery process will begin.  Discovery includes depositions, requests for admissions, and interrogatories.

4.  Family law discovery can be time consuming and cause some animosity between the parties.  This process can last from 30 days up to a year.  There may be hearings before a family law judge during this process.

5.  Family law mediation.  In many jurisdictions there is a requirement of mediation in a divorce.  In Horry County, South Carolina, there is a requirement that the parties attend mediation prior to the final hearing for the petition for dissolution of marriage.  The mediation is conducted by a local attorney and at times can be beneficial in settling some contested issues.

6.  Final Hearing granting the divorce or trial?   If there are issues that are still being contested, there will need to be a trial to resolve these issues.  In South Carolina divorce trials are heard by a family court judge.  There is no jury.  The trials can last from a few hours to days.  If there are no disputed issues there will be a final hearing before the family law judge and the judge usually rules as the parties have agreed.

HOW TO HIRE A DIVORCE ATTORNEY:

• Make an appointment to come into the office for a consultation
• Be ready to talk to your attorney about everything
• Do not bring children to the interview
• Be aware that getting a divorce is expensive
• Attorneys in divorce cases usually charge an hourly rate
• Attorney rates range from $200.00 to $300.00 for most attorneys in Myrtle Beach
• You will have to sign a retainer agreement and provide a deposit for attorney fees and costs; the deposit is usually several thousand dollars
• You are charged for the time that the attorney dedicates to your case (this includes telephone, email, letters, etc.). It is important to realize that when you are speaking to your attorney, your attorney cannot work on anything else if they are paying attention to you.  If the attorney did not bill for their time, they would not be able to take any telephone calls or review any documents.  (Remember, the attorney does not get to keep the hourly rate, that fee goes to the firm).

Divorce Cases are always some of the most difficult and time consuming cases.  If children are involved there is even more stress on our clients to ensure the best interest of the children.  Our divorce lawyers take the approach that these cases need to be resolved in a amicable manner.  We make every effort to prevent the divorce from turing into a battle over children and money.  However, we also have job to do in representing our clients and looking out for what is in the best interest of the children.  If we have a client that we feel is not the best parent to have children, we will make sure our client understands our position and why.  If we believe our client is the best parent to raise the children, we will not rest until our client has the children.  Going through a divorce is never a good experience.  It is however a necessary event in some marriages.  Things change over time and people change.  As a firm policy we will also ask our client if this is really what they want.  The divorce, child custody, division of assests, child support and ailimony are all considerations that need to be taken into account.  Our divorce lawyers in Myrtle Beach are experienced in handling a variety of family law matters.

We handle the following areas of South Carolina Family law:

• Contested Divorces
• Uncontested Divorces
• Custody
• Prenuptials
• Alimony
• Child Support
• Postnuptials antinuptials
• Domestic Violence

South Carolina established the uniform statewide Family Court system in 1976 to handle all matters related to marriage, divorce, custody, visitation rights, alimony and child support.  There are at least 2 family court judges per circuit.  South Carolina has also established mandatory mediation prior to any divorce proceeding in court.

A recent decision by the South Carolina Supreme Court has rendered the defense of Laches for back child support as invalid.  The court has previously decided that the defense was invalid for alimony disputes.  The rational for these decisions was that the South Carolina court orders do not have expiration dates.
The South Carolina Department of Social Service is an important agency for many families with support and paternity issues.Please contact our office to determine which locations handle family law matters.

To Speak to our South Carolina Divorce Attorneys call 843-839-2900 in Myrtle Beach, South Carolina.

If you need a Myrtle Beach Divorce Lawyers, or Myrtle Beach Family Law Attorneys, or Myrtle Beach Divorce Attorneys, or Myrtle Beach Alimony Attorney then call our office to make an appointment.  843-839-2900.

Financial Affidavit
South Carolina Divorce Law
Recent Legal Decisions
Premarital Agreements
South Carolina Common Law Marriage