Divorce is one of the most consequential legal processes in a person’s life. In South Carolina, it involves specific residency requirements, fault-based and no-fault grounds, a mandatory separation period, and court proceedings that can range from months to years. Retaining an experienced Charleston divorce lawyer from the outset protects your rights and prevents costly mistakes that follow you long after the ink is dry.
At Henderson & Henderson, our family law team handles contested and uncontested divorce, high-net-worth cases, complex asset divisions, child custody disputes, and alimony matters throughout Charleston and the Lowcountry.
Speak with a Charleston divorce lawyer today.
Call (843) 212-3188 — we guarantee a response within 24 hours.
Schedule a ConsultationWhy Choose Henderson & Henderson?
We focus on the cases other firms find complicated — high-value assets, contested custody, fault-based grounds, and business interests that cross into divorce proceedings. Three dedicated family law attorneys and three paralegals work exclusively on domestic relations matters across Charleston, Summerville, Myrtle Beach, and Pawleys Island.
Business interests, investment portfolios, and complex property handled with financial precision.
Rigorous preparation and advocacy in custody disputes, always focused on your children’s wellbeing.
Deep familiarity with Charleston County Family Court — its procedures, judges, and expectations.
We guarantee a response within 24 hours of first contact. Divorce doesn’t wait — neither do we.
Meet Your Charleston Divorce Attorneys
Henderson & Henderson’s family law team brings together three dedicated divorce attorneys — all licensed in South Carolina — each paired with a paralegal who ensures direct, consistent communication from first consultation to final decree.
John Henderson is the founding and managing partner of Henderson & Henderson, overseeing the firm’s family law, civil litigation, estate planning, and criminal divisions. A Charleston School of Law graduate, he has litigated hundreds of cases throughout South Carolina and brings a breadth of perspective that few attorneys can match — shaped by teaching in rural Kenya, working at the Columbia Chamber of Commerce, co-owning business ventures, and years of complex litigation practice.
John leads the family law division’s strategy and standards, drawing on deep Charleston Family Court experience to handle high-asset divorce, contested custody, and complex domestic relations matters. His published article with the Institute for Family Studies at the University of Virginia — 5 Habits to Keep You Out of Divorce Court — reflects his genuine commitment to family outcomes beyond the courtroom. Full bio →
“Going through a divorce is never easy, but the Firm made the process so much more manageable. What truly stood out was their communication — responsive, patient, and genuinely supportive. I never felt like just another case.”
“My representation from Henderson and Henderson was the one bright spot in what’s obviously a not great season of life. They were incredibly quick, caring, hardworking, and experienced. Their representation was worth every dollar.”
“As frustrating as a divorce is, I am glad to have found a great team that worked hard for me and got me the best outcome. Very experienced, professional and overall caring. The process was fast and they didn’t miss any details.”
“This law office was an immense support through my treacherous separation. Presented with a complicated and trying case, their attentiveness and professionalism never wavered. Their representation was worth every dollar.”
Holly is a University of Illinois Chicago School of Law graduate (J.D., cum laude, 2022) who practises family law exclusively. She was twice named an Emerging Lawyer by the Leading Lawyers Network and received the Super Lawyers Rising Star award in 2025 — placing her in the top 2.5% of attorneys in her peer group. She handles contested divorce, custody, alimony, and high-asset property division.
Full bio →
A Charleston School of Law graduate, David clerked for Judge Irv Condon at Charleston County Probate Court before joining the firm — giving him direct familiarity with South Carolina’s courts. He handles divorce, child custody, child support, and guardianship matters throughout the Lowcountry.
Full bio →
Dorie has practised family law in South Carolina since 2018, giving her over seven years of SC family court experience. Based in Georgetown, she serves clients across Pawleys Island, Georgetown County, and the greater Charleston area, with a practice covering divorce, custody, support, and property matters.
Full bio →
with Holly Roberts
with David Dunlavey
with Dorie Bridges
Henderson & Henderson Family Law TeamWe focus on the cases other firms find complicated. High-value assets, contested custody, fault-based grounds — this is what our family law team is built for.
Charleston, SC
Common Divorce Issues in Charleston, SC
Every divorce involves a unique set of legal challenges. The three issues below arise in almost every case — and how they’re handled determines outcomes that last far beyond the courtroom.
Child Custody & Support
South Carolina courts make custody decisions based on the best interests of the child — considering each parent’s fitness, the child’s emotional needs, stability of each home, and any history of domestic violence. Custody may be joint or sole, with visitation structured around the child’s needs rather than parental preference.
Child support is calculated from parental income and cannot be waived — it is the child’s legal right. When parents disagree, mediation or court intervention becomes necessary. Support orders can be modified if financial circumstances change significantly.
Property Division
South Carolina uses equitable distribution — marital assets and debts are divided fairly, not necessarily equally. What you keep depends on contributions to the marriage, economic circumstances, and future needs — not just whose name appears on the deed.
Assets like the marital home and retirement accounts (401(k)s, IRAs, pensions) are typically subject to division. Retirement accounts require a Qualified Domestic Relations Order (QDRO) to split without tax penalties. In high-asset cases, financial manipulation before filing — hidden accounts, sudden “losses,” rushed asset transfers — is more common than most people expect. Learn how assets are divided in South Carolina.
Alimony & Spousal Support
South Carolina courts may award several types of alimony — temporary, periodic, rehabilitative, or permanent — based on the length of the marriage, each spouse’s income and earning capacity, their standard of living, and their contributions. One critical point: a spouse who commits adultery is completely barred from receiving alimony in South Carolina.
Alimony can be modified if circumstances change substantially — such as remarriage or a significant income shift — but requires court approval. Understanding your alimony position before agreeing to any settlement is essential.
South Carolina Divorce Requirements
To file for divorce in Charleston, you must meet South Carolina’s residency requirements. If only one spouse lives in SC, they must have been a resident for at least one year. If both spouses are SC residents, the requirement drops to three months. The divorce is filed in Charleston County if that’s where you last lived together, or where the defendant currently resides.
Fault-Based vs. No-Fault Divorce
South Carolina recognises both fault-based and no-fault divorce. A no-fault divorce requires one continuous year of separation in separate residences. Fault-based grounds allow filing without that waiting period:
Adultery — requires evidence of inclination and opportunity
Physical cruelty — requires documented evidence, not allegations alone
Habitual drunkenness or drug use — see how courts assess this
Desertion — for at least one year (rarely used, overlaps with no-fault separation)
Fault grounds can affect alimony, property division, and custody outcomes. Your attorney will advise which path fits your situation — and what evidence you’ll need to support it.
Strategy starts before you file
The decisions made in the earliest stages of a divorce case — which grounds to pursue, how to document assets, how to approach custody — shape every outcome that follows. Our attorneys review every case in detail before advising on a path forward.
Henderson & Henderson has litigated hundreds of cases throughout South Carolina. That experience informs the strategy we bring to every client, however straightforward or complex their situation.
The Charleston Divorce Process
Filed in Charleston County Family Court. Sets out the grounds, details about any children, and requests regarding custody, alimony, and property division. Filing fee is $150 (waivable for low-income households).
Your spouse must be formally served and has 30 days to respond (35 if out of state). If your spouse evades service, your attorney can pursue alternative methods including substituted service and publication.
Mediation is mandatory in South Carolina for contested issues before a matter can go to trial. Your attorney negotiates on your behalf throughout — protecting your position while exploring settlement options.
Uncontested divorces typically finalise in 90 days to six months. Contested cases can take a year or more. Read our full guide to the SC divorce process.
When You Should Always Hire a Charleston Divorce Lawyer
Some divorces can proceed with minimal legal involvement. These situations cannot.
Complex Financial Situations
Businesses, investment portfolios, multiple properties, high-value retirement accounts — these require accurate valuation and careful legal strategy. Our attorneys work with financial experts to ensure nothing is undervalued or hidden by the other side. Learn more about high-income divorce in South Carolina.
Child Custody Disputes
A misstep in the early stages of a custody case can affect outcomes for years. Your attorney builds the legal record that shapes how a judge sees your case — and advocates for arrangements that protect your parental rights and your children’s wellbeing.
Contested or Fault-Based Divorces
When spouses can’t agree on key issues — or when fault grounds are involved — the case requires evidence gathering, courtroom advocacy, and legal strategy that self-representation cannot adequately provide.
High-Conflict Situations
Domestic violence, substance abuse, hidden assets, or a significant power imbalance all require experienced legal protection. We know how to protect you and your children in these circumstances and present the full picture to the court.
Before Signing Anything
Even in seemingly straightforward divorces, having a Charleston lawyer review any proposed settlement before you sign can prevent years of regret. The most common divorce mistakes are made under emotional pressure, before anyone has had a chance to think clearly.
Don’t face this alone. Henderson & Henderson’s family law team is ready to help.
(843) 212-3188Frequently Asked Questions: Divorce in Charleston, SC
If only one spouse lives in South Carolina, that spouse must have been a resident for at least one year before filing. If both spouses are SC residents, the requirement drops to three months. The divorce can be filed in Charleston County if that’s where you last lived together, or where the defendant currently resides.
South Carolina recognises both no-fault and fault-based grounds. No-fault requires one year of continuous separation. Fault-based grounds — allowing filing without the separation period — include adultery, physical cruelty, habitual drunkenness or drug use, and desertion for at least one year. Proving fault requires evidence and can affect alimony, property division, and custody.
South Carolina follows equitable distribution — marital assets are divided fairly, not necessarily equally. Factors include each spouse’s contributions, economic circumstances, the length of the marriage, and future needs. Retirement accounts typically require a QDRO to divide without tax penalties. Read more: how assets are divided in a South Carolina divorce.
Courts may award temporary, periodic, rehabilitative, or permanent alimony based on the length of marriage, income, standard of living, and contributions. Crucially, a spouse who commits adultery is barred from receiving alimony in South Carolina. Read more: South Carolina alimony.
Family courts make custody decisions based on the best interests of the child — considering each parent’s fitness, the child’s relationships, stability of each home, and any history of domestic violence. Custody can be joint or sole. Read more: child custody and visitation in SC.
An uncontested divorce typically takes 90 days to six months after filing. Contested divorces can take a year or more. Fault-based divorces may proceed faster as the one-year separation is not required, but evidence is needed. Read more: how to get a divorce in South Carolina.
Cost depends on whether your divorce is contested or uncontested, whether children are involved, and the complexity of your assets. Henderson & Henderson offers consultations so we can assess your situation and give you a clear picture of what to expect. Call (843) 212-3188 to book.
Serving the Lowcountry Coast
Our Pawleys Island office handles divorce, custody, and family law matters across Georgetown County, Horry County, and the Grand Strand — with the same team and standards as our Charleston practice.
Attorney Dorie Bridges has practised family law along the SC coast since 2018, bringing over seven years of local court experience to every case.
Pawleys Island divorce services →Also Serving Across South Carolina
Henderson & Henderson handles divorce cases throughout the Lowcountry and beyond.
Henderson & Henderson, LLC — Charleston Office
578-A East Bay Street, Charleston, SC 29403
Phone: (843) 212-3188
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