Myrtle Beach Divorce and Child Custody Lawyers
At the David W. Martin Law Group, our skilled Myrtle Beach family law attorneys know that divorce works differently in South Carolina than it does in other parts of the U.S.
That is why our Myrtle Beach divorce and child custody attorneys walk each of our clients through their unique legal options while creating customized strategies to pursue the outcome they deserve to move forward with confidence.
If you are considering divorce in South Carolina, partnering with an experienced family law attorney will help you navigate the process seamlessly, so you can start anew.
What is the Difference Between Fault and No-Fault Divorces in Myrtle Beach, South Carolina?
Our South Carolina Laws provide two legal options for seeking a divorce in the Palmetto State.
Spouses can pursue an at-fault divorce, where one spouse can prove the other’s wrongdoing caused the breakdown in the marriage. At-fault causes for divorce in South Carolina include adultery, domestic violence, desertion for one year, or habitual drunkenness or drug use.
If you are filing for a fault-based divorce, you must:
- File for a summons and complaint about divorce
- Wait 30 and 60 days to file an answer to the complaint and any counterclaims
- Request a final hearing on fault-based grounds 90 days after your initial complaint
Depending on each spouse’s cooperation, response times, and negotiation agreements, the at-fault divorce process can move rather quickly, allowing each spouse to move on. However, each divorce is unique and will require a full legal examination to determine the best legal course of action.
The second divorce option in South Carolina is a no-fault divorce, where neither spouse must prove the other was at fault for the marriage’s dissolution.
During a no-fault divorce in Myrtle Beach, the spouses must live separately for one year before they can proceed with their divorce.
Fortunately, during the mandatory waiting period, spouses can outline the details of their divorces using a comprehensive and legally-binding separation agreement.
Separation agreements in South Carolina may include details involving:
Whether your divorce is an at-fault or no-fault proceeding, we can help you and your family pursue the best possible outcome available for your unique circumstances, so you can start your new life.
Can My Myrtle Beach Divorce Details Be Decided During Mediation?
Mediation is an ideal legal tool for divorcing couples who know what they want from the marriage’s dissolution and are willing to discuss the details in a neutral forum to expedite the process.
Mediation allows spouses to make legally binding decisions regarding all their divorce details without the court making the decisions for them during litigation. It also allows each spouse to discuss what is important to them going forward, so the details of child custody or financial support remain a private matter.
All South Carolina counties require spouses to undergo divorce mediation before their cases will be heard inside a courtroom. That does not mean you have to agree on your divorce details during the mandatory mediation session. But couples will have to try.
Our Myrtle Beach divorce and child custody attorneys will outline the process, so you know what to expect during each phase of your family court case.
How Does the South Carolina Family Court Determine Child Custody?
At the David W. Martin Law Group, our Myrtle Beach child custody attorneys walk our divorcing clients through the complete child custody process, so they know there is more to planning their children’s futures than how their time is split between their parents.
If you and your spouse cannot agree on child custody details — either on your own or through mediation the courts will intervene to ensure the decisions are made based on the child’s best interests.
That may include:
- The fitness of each parent to care for a child
- The quality of the child’s current home environment
- History of violence or abuse from either parent
- Proximity to school, healthcare facilities, and other necessities
- The child’s preference and relationship with each parent (when applicable)
If you are considering divorce in South Carolina, and are unsure about how the process will unfold, or what your legal rights and options are to move forward with these important decisions, call 854-854-5623 or contact us online to learn more about how we can help you outline your case and customize your legal strategy to ensure your rights are protected throughout the proceedings.
