Whether it’s been a long time coming or was a shock, going through a divorce can be an incredibly difficult and emotionally challenging time. If you are in Myrtle Beach and facing a divorce, know you don’t have to go through it alone. At Henderson & Henderson, we understand the pain and uncertainty that comes with the end of a marriage, and we are here to help you through this process.
Our team of experienced Myrtle Beach, SC divorce lawyers will provide you with compassionate and personalized legal guidance, advocating for your rights and ensuring that your best interests are protected. Let us support you through this challenging time. Contact Henderson & Henderson at (843) 212-3188 today.
Myrtle Beach, SC Divorce Guide:
- Understanding South Carolina Divorce Law
- Contested vs. Uncontested Divorce
- Child Custody and Parenting Time in South Carolina
- Child Support in Myrtle Beach Divorces
- Alimony (Spousal Support) in South Carolina
- Property Division in South Carolina Divorces
- Business Ownership and High Net Worth Divorces
- Contact Our Myrtle Beach, SC Divorce Attorneys Today
Why Choose Our Firm
Divorce is never easy, but it can be a smoother, more empowering process with the right legal team. At Henderson & Henderson, we bring steady guidance, sharp legal insight, and compassionate support to individuals and families navigating divorce in Myrtle Beach. Whether your case is straightforward or complicated, we are here to protect what matters most—your children, your finances, and your future.
We know that every divorce is different. That’s why we tailor our approach to fit your needs—whether that means negotiating a fair settlement outside of court or fighting for your rights in litigation. Our Myrtle Beach divorce attorneys are well-versed in issues such as asset division, alimony, custody, and child support, and we strive to resolve matters with clarity and respect.
What sets us apart is our commitment to responsive, honest communication. You’ll never feel left in the dark about your case. We prioritize transparency, strategy, and genuine care for the people we serve—because we know this is more than just a legal matter; it’s a turning point in your life.
If you’re facing divorce in Myrtle Beach, let Henderson & Henderson stand by your side with trusted legal counsel and a results-driven plan for the future.
Our law offices are conveniently located west of the Cooper River and south of U.S. Route 17 at:
578-A East Bay Street
Charleston, SC 29403
Understanding South Carolina Divorce Law
Divorce is often a complex matter, both emotionally and legally. As such, it is in your best interest to have a skilled Myrtle Beach, SC, divorce lawyer from our firm by your side to guide you through the process and protect your interests. We have the experience and skills necessary to guide you through South Carolina’s specific family law issues.
Grounds for Divorce in South Carolina
In South Carolina, divorces can be granted on fault-based or no-fault grounds. No-fault divorces are most common and typically require a one-year separation period. Fault-based grounds for divorce include adultery, habitual drunkenness, physical cruelty, and desertion. Understanding how these grounds can impact alimony and property division is important.
Residency Requirements
Before filing for divorce in South Carolina, at least one spouse must be a resident of the state. Residency must be established for at least three months before filing or one year if only one spouse resides in SC. These residency requirements ensure that the court has jurisdiction over your divorce case.
Contested vs. Uncontested Divorce
Divorces can be categorized as either contested or uncontested. Understanding the difference between the two can help you determine what type of legal representation you need.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all key issues, including child custody, support, and property division. This type of divorce tends to be faster and less expensive than a contested divorce. However, it’s still imperative to have a seasoned Myrtle Beach divorce lawyer from our firm involved in drafting agreements and ensuring your rights are protected.
Contested Divorce
A contested divorce happens when there are disagreements between the spouses regarding custody, assets, or alimony. In these situations, court intervention may be necessary to resolve the disputes. Having seasoned legal representation is imperative in contested matters to advocate for your interests and navigate the court process effectively.
Child Custody and Parenting Time in South Carolina
Child custody is one of the most contentious issues in divorce cases. Understanding the types of custody and the standards used to determine custody is critical for divorcing parents in Myrtle Beach, SC.
Types of Custody
South Carolina recognizes two types of custody: legal custody and physical custody. Legal custody refers to the decision-making authority regarding the child’s upbringing, including education, religion, and medical care. Physical custody determines where the child primarily lives. Custody can be sole or joint, depending on the best interests of the child.
Best Interests of the Child Standard
South Carolina courts use the “best interests of the child” standard to determine custody. This standard considers numerous factors, such as parental fitness, the child’s preferences (if they are mature enough), the stability of each parent’s home, and any history of abuse or neglect.
Parenting Plans and Visitation Schedules
Divorcing parents must create a parenting plan and visitation schedule. These plans outline the custody arrangement, including each parent’s time with the child and how decisions are made. Parents should customize these plans to fit the child’s needs and ensure shared responsibilities for holidays, summer breaks, and other special occasions.
Modifications to Custody Orders
Custody orders can be modified if there is a significant change in circumstances that affects the child’s well-being. Parents need to understand the process for requesting modifications, including the specific requirements, such as providing evidence of a material change in circumstances.
Child Support in Myrtle Beach Divorces
Child support is another significant aspect of divorce cases involving children. Understanding how child support is calculated, enforced, and modified is essential for divorcing parents.
How Child Support is Calculated
South Carolina follows child support guidelines to determine how much child support is paid. These guidelines consider factors such as the parents’ incomes, the number of children, and additional expenses like medical costs and daycare expenses.
Enforcement of Child Support Orders
Enforcement of child support orders is essential to ensure that the non-custodial parent fulfills their financial obligations. Measures such as wage garnishment, tax refund interception, and license suspension can be used to enforce child support orders. Custodial parents should also know the available legal remedies for unpaid child support.
Modifying Child Support
Child support orders can be modified if there is a significant change in circumstances, such as a job loss, income change, or a change in the child’s needs. Our Myrtle Beach, SC divorce attorneys can help understand when and how to request a change in child support to ensure that the child’s financial needs continue to be met.
Alimony (Spousal Support) in South Carolina
In some divorce cases, one spouse may be entitled to receive alimony (also known as spousal support) from the other spouse.
Types of Alimony
South Carolina recognizes several types of alimony, including permanent periodic, lump sum, rehabilitative, and reimbursement alimony. The type of alimony awarded depends on various factors, such as the length of the marriage and the earning capacity of the spouses.
Factors Considered in Alimony Decisions
When determining alimony, South Carolina courts consider factors such as the length of the marriage, the standard of living established during the marriage, the earning capacity of each spouse, and any marital misconduct.
Modifying or Terminating Alimony
Alimony orders can be modified or terminated in certain circumstances, such as the receiving spouse’s remarriage or cohabitation with a new partner. Significant changes in income can also warrant a modification or termination of alimony.
Property Division in South Carolina Divorces
Property division is another vital yet contentious aspect of divorce. Divorcing couples need to be aware of South Carolina’s equitable distribution doctrine and how it works.
Equitable Distribution Doctrine
South Carolina follows the doctrine of equitable distribution, which means that marital property is divided fairly, but not necessarily equally, between the spouses. Marital property (acquired during the marriage) and separate property (owned before the marriage or acquired through inheritance/gift).
Marital property can include various assets such as real estate, retirement accounts, businesses, vehicles, and investments.
If you have separate property that you want to keep separate, you will need to provide proper documentation and financial tracing to prove its separate nature. Working with a divorce lawyer from our firm can help protect your separate property during the property division process.
Business Ownership and High Net Worth Divorces
Divorces involving business ownership and high-net-worth individuals can be particularly challenging. Valuing and dividing business assets requires the unique knowledge and experience of our Myrtle Beach, SC, divorce attorney team.
Complexities Involved in Valuing and Dividing Business Assets
Valuing and dividing business assets can be challenging due to factors such as the business’s unique nature, market conditions, and future income projections. In these cases, it may be necessary to involve forensic accountants and valuation experts to ensure a fair division.
Protecting Professional Practices and Closely Held Businesses
If you or your spouse own a professional practice or a closely held business, you will want to protect these assets during the divorce process. Our Myrtle Beach divorce lawyers have experience in detailed divorce cases and can provide the guidance needed to safeguard these valuable assets.
Divorce Mediation and Alternative Dispute Resolution
Divorce mediation and alternative dispute resolution methods can offer a more amicable and cost-effective way to resolve conflicts in divorce cases.
In South Carolina, mediation is mandatory before trial in divorce cases. Mediation allows the parties to work towards a mutually acceptable resolution with the help of a neutral mediator. Understanding the role of mediation and its benefits can help divorcing couples reach fair agreements outside of the courtroom.
Mediation provides numerous benefits, including reduced costs, faster resolution, and increased control over the outcome. It allows both parties to have a voice in the decision-making process and can help preserve relationships, especially when children are involved.
Although mediation is a cooperative process, having one of our Myrtle Beach, SC, divorce attorneys by your side during mediation is essential. Your lawyer can provide legal advice, help prepare for mediation sessions, and protect your rights and interests throughout the process.
Legal Separation and Temporary Orders
South Carolina doesn’t officially recognize “legal separation,” but it does offer separate support and maintenance actions. Temporary orders can also be obtained to address custody, support, and the use of the marital home during the separation period.
How a Myrtle Beach, SC Divorce Lawyer Can Help
Having a divorce attorney from our firm by your side can make a significant difference in the outcome of your divorce case. At Henderson & Henderson, we offer a range of services to support our clients through every step of the process.
Case Evaluation and Legal Guidance
Our team will provide a thorough evaluation of your case and offer guidance on the best legal options available to you. We will ensure that you fully understand your rights and empower you to make informed decisions.
Filing and Documentation
We will accurately complete all necessary legal filings, ensuring no delays or denials due to errors or omissions. Our attention to detail will give you peace of mind during this overwhelming time.
Negotiating Agreements
We will work diligently to reach fair settlements on contested issues, sparing you the stress and expense of going to court. We will protect your rights and interests throughout the negotiation process.
Advocacy in Court
If litigation becomes necessary, our well-versed litigators will provide vigorous representation at hearings and trial. We will fight for your rights and ensure your voice is heard in the courtroom.
Ongoing Legal Support
Even after the divorce is finalized, we will continue to support you with any post-divorce modifications, enforcement issues, or relocation requests. Our team is dedicated to providing long-term protection and guidance for our clients.
Contact Our Myrtle Beach, SC Divorce Attorneys Today
If you are going through a divorce in Myrtle Beach, SC, timing is critical. The sooner you seek legal guidance, the better prepared you will be to handle the challenges of the process. The knowledgeable Myrtle Beach, SC, divorce lawyers at Henderson & Henderson are here to guide you, protect your interests, and provide you with the peace of mind you deserve. Contact Henderson & Henderson today at (843) 212-3188 for a consultation. Let us help you through this challenging time.