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We understand that the legal system is not set up in favor of defendants or plaintiffs. That is why we have shaped our entire practice to be client-centered and compassionate. Our lawyers take special care to explain the court process and ensure that clients feel heard and understood.
7 Legal Mistakes That Could Hurt Your Family Law Case in South Carolina
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During this most difficult period of time in my life, Margaret Evans and the staff assisted me during my divorce. I needed legal counsel which was provided professionally and efficiently. Thank you for your prompt and courtesy service to me.
- Mark Hafenbreidel
Made the home closing process quick and easy! We appreciated their quick and clear communications, especially since our closing was over the holidays.
- Alyssa Burke
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Myrtle Beach Divorce Lawyers
Divorce is often a difficult and emotional decision. At McCutchen Vaught Geddie & Hucks, P.A., we understand the stress and challenges that come with the process. As experienced Myrtle Beach Divorce Lawyers, we aim to guide you through the available divorce options to help you make the best choice for your future. Whether your divorce is amicable or contentious, we are here to assist in finding a solution that works for you.
There are different types of divorces, and it’s important to understand each one to determine which option best fits your circumstances. The three main types of divorce are uncontested divorce, contested divorce, and alternative dispute resolution methods such as negotiation, mediation, collaborative divorce, and arbitration.
Uncontested Divorce
An uncontested divorce is when both spouses agree on all aspects of their divorce, including child custody, property division, and spousal support. This type of divorce is typically quicker and less expensive than contested divorces. It can often be handled without going to trial. However, even in uncontested cases, it is still advisable to consult with one of our Myrtle Beach Divorce Lawyers to ensure that your legal rights are protected. Having a lawyer review your agreement ensures that you are not overlooking any critical details and that the agreement is fair and legally sound.
Contested Divorce
In a contested divorce, the spouses cannot agree on one or more key issues, such as child custody, alimony, or property division. When disagreements arise, the court will need to make decisions based on what is fair and legal under the law. A contested divorce can be more complicated and time-consuming, often requiring multiple court appearances and hearings. It’s crucial to have an experienced Myrtle Beach Divorce Lawyer to represent your interests and guide you through the process.
Alternative Dispute Resolution
Not all divorces require going to trial. Many people choose alternative dispute resolution methods to resolve their differences in a more cooperative way. These methods can save time, money, and reduce emotional stress. The main alternative dispute resolution methods include negotiation, mediation, collaborative divorce, and arbitration.
Negotiation
In negotiation, both parties, often with their lawyers, meet to discuss the terms of the divorce. The goal is to reach an agreement that satisfies both sides without going to court.
Mediation
Mediation involves a neutral third-party mediator who helps both spouses communicate and negotiate. This process is typically less formal and can result in a more amicable agreement, especially when children are involved.
Collaborative Divorce
This method involves both parties and their lawyers agreeing to work together to find a solution. It is a cooperative process where both spouses strive to reach a mutually acceptable agreement. Collaborative divorce is often chosen when the parties want to avoid the adversarial nature of litigation.
Arbitration
Arbitration is similar to a trial but is less formal. An arbitrator, who is usually a retired judge or a lawyer, hears both sides and makes a final decision on the contested issues.
The Divorce Process
The divorce process in Myrtle Beach typically begins with filing the divorce documents. These documents include the divorce petition and other required forms, which outline the terms you are seeking in the divorce. Once filed, the documents must be served to your spouse, informing them of the proceedings.
At times, temporary judicial orders may be needed. These orders can address immediate issues such as child custody, child support, and spousal support while the divorce is being processed. If temporary orders are necessary, your lawyer will assist in applying for them.
After the divorce papers have been filed and served, both spouses may enter into settlement talks to try to resolve the outstanding issues without going to trial. Settlement talks can involve negotiations or mediation, depending on the approach that is most suitable for both parties.
If a settlement cannot be reached, the case will go to trial. A trial can take several months to prepare for, and it can be emotionally taxing. However, our team of Myrtle Beach Divorce Lawyers is here to provide strong representation throughout the trial process to ensure that your interests are well represented.
Once all the issues have been resolved, either through settlement or trial, the judge will issue a final judgment of divorce. This judgment legally ends the marriage and outlines the terms for child custody, property division, and support.
Why You Need Our Myrtle Beach Divorce Lawyers
Going through a divorce is often overwhelming, and it’s easy to feel lost in the process. One of the most important steps in protecting your future is hiring a trusted Myrtle Beach Divorce Lawyer. Our firm has represented many clients from diverse backgrounds, helping them through various types of divorces, from amicable to complex. We understand that every divorce is unique, which is why we listen closely to your goals and tailor our strategy to meet your needs.
Divorce is not just a legal process but also an emotional journey. At McCutchen Vaught Geddie & Hucks, P.A., we play the role of an objective third party, assisting clients in maintaining composure while striving for the best possible outcome. We are committed to helping you make informed decisions and ensuring that your legal rights are upheld throughout the process.
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Common Mistakes to Avoid When Considering Divorce in Myrtle Beach
Divorce is a major decision that can significantly affect every aspect of your life. Whether you have already made up your mind or are still considering your options, it is important to avoid certain mistakes that could complicate the process or negatively impact your future. Understanding what not to do can help you make informed decisions and navigate the challenges ahead.
Failing to Seek Legal Advice Early
One of the biggest mistakes people make is failing to seek legal advice early in the process. Even if you believe the divorce will be amicable, the legal aspects of dividing property, determining custody arrangements, and managing financial matters can be more complex than they appear. Without proper guidance, you may make decisions that you regret later, such as agreeing to unfair settlements or losing important rights.
Not Gathering Necessary Documents
Another mistake people often make is failing to gather important financial documents. These can include bank statements, tax returns, and pay stubs. Having these records organized is essential for a smooth divorce process. If you don’t have these records prepared, it can delay the proceedings and result in poor financial outcomes. Additionally, trying to hide assets or manipulate financial information can backfire and negatively affect your case.
Involving Children in The Divorce Process
It is also essential to avoid involving your children in the divorce process. Many parents make the mistake of using their children as messengers between them or speaking negatively about the other parent in front of them. This can cause emotional harm and put the children in a difficult position. It is important to shield your children from the divorce conflict and focus on their well-being throughout the process.
Letting Emotions Drive Decisions
Divorce can stir up strong emotions, but letting those emotions drive your decisions can lead to mistakes. Whether it’s out of anger, fear, or frustration, making rash decisions can negatively affect the outcome of your case. You may make choices that seem justified in the heat of the moment but regret them later. It’s crucial to remain level-headed and focus on what’s in your best interest for the future.
Myrtle Beach Divorce Client Story
This client story is for educational purposes only.
Larry sat on the edge of his bed, staring out the window at the busy Myrtle Beach streets below. He couldn’t shake the feeling that his life was changing, but he wasn’t sure where to turn. His marriage to Denise had been full of love once, but lately, it felt like they were two strangers passing through life together. The arguments had become louder, the silence between them heavier. Larry knew it was time to end the relationship, but the thought of starting over scared him.
One afternoon, a friend recommended Margaret Evans from McCutchen Vaught Geddie & Hucks, P.A., saying she was one of the best Myrtle Beach divorce lawyers. Larry wasn’t sure what to expect. He’d heard horror stories of divorce battles dragging on for years, but he couldn’t keep living in this unhappy place. So, with a deep breath, he called her office.
From the moment Margaret answered the phone, Larry felt something shift. Her voice was calm, reassuring, and kind. She didn’t sound like a lawyer; she sounded like someone who truly cared. He explained his situation—how the arguments with Denise had gotten worse, how the love had faded—and Margaret listened patiently. She didn’t rush him or interrupt. It felt like she was on his side from the start.
When they met in person, Margaret’s presence was calming. She explained the entire divorce process, step by step, in a way that made Larry feel more at ease. She didn’t talk over him or make him feel small. She treated him with respect, guiding him through what would happen next. He wasn’t alone in this.
As the divorce progressed, there were moments when Larry wasn’t sure if he could handle the stress. The papers, the meetings, the uncertainty. But Margaret was always there, answering his questions and keeping him grounded. She helped him understand his options, and when it came time to make tough decisions, she always had his best interests at heart.
Eventually, the day came when Larry’s divorce was finalized. As he walked out of the courthouse, he felt a sense of relief he hadn’t experienced in years. He was free. It wasn’t easy, and there were days when he doubted himself, but Margaret had helped him through it all.
Now, as Larry reflects on everything, he’s thankful for the guidance he received from McCutchen Vaught Geddie & Hucks, P.A. and for Margaret Evans. She wasn’t just his lawyer; she was the steady hand that helped him find his way out of the storm.
Frequently Asked Questions About Divorce in Myrtle Beach, SC
What are the grounds for divorce in South Carolina?
In South Carolina, the most common grounds for divorce are irreconcilable differences, which means that the couple’s marriage has broken down to the point where reconciliation is impossible. There are also fault-based grounds, such as adultery, physical cruelty, or habitual drunkenness, but these are less commonly used. Myrtle Beach divorce lawyers can guide you through the process based on your specific circumstances.
How long does it take to get a divorce in Myrtle Beach?
The length of time it takes to finalize a divorce in Myrtle Beach depends on several factors, such as whether the divorce is contested or uncontested. If both parties agree on the division of assets and other key issues, the process may be quicker—often taking a few months. However, if there are disputes that need to be resolved in court, the process could take longer. Consulting with Myrtle Beach divorce lawyers can help set realistic expectations based on your situation.
Do I need to hire a lawyer for my divorce in Myrtle Beach?
While it is possible to file for divorce without a lawyer, it is highly recommended to have an experienced Myrtle Beach divorce lawyer by your side. Divorce can be complex, especially when it comes to dividing assets, determining alimony, and deciding custody arrangements for children. A skilled lawyer can help protect your interests, provide valuable legal advice, and ensure that the divorce process is handled efficiently and fairly.
What is the process for dividing assets during a divorce?
South Carolina follows an “equitable distribution” system when dividing marital assets, meaning that property is divided fairly but not necessarily equally. Factors such as the length of the marriage, each spouse’s contribution to the marriage, and the economic circumstances of both parties are taken into account. If you have concerns about asset division, it’s important to consult with Myrtle Beach divorce lawyers who can help you understand your rights and advocate on your behalf.
How is child custody determined in a divorce?
In South Carolina, child custody is determined based on the best interests of the child. Factors that are considered include the child’s relationship with each parent, the mental and physical health of both parents, and the ability of each parent to provide for the child’s needs. Myrtle Beach divorce lawyers can help guide you through custody proceedings to ensure that your child’s well-being is prioritized.
Can I modify my divorce agreement later?
Yes, it is possible to modify a divorce agreement, but only under specific circumstances. For example, changes in financial situations or a significant change in the child’s needs might justify a modification to child support, custody arrangements, or alimony. If you are looking to modify your divorce settlement, Myrtle Beach divorce lawyers can provide advice on whether a modification is possible and how to proceed with the legal process.
Will I have to go to court for my divorce?
Not all divorces require court appearances. If both parties can agree on the terms of the divorce, an uncontested divorce may be possible, which typically doesn’t require a court hearing. However, if there are disputes regarding property division, alimony, or child custody, a contested divorce may require one or more court hearings. Having experienced Myrtle Beach divorce lawyers can help you navigate the process, whether or not you need to go to court.
How much will a divorce cost in Myrtle Beach?
The cost of a divorce can vary widely depending on the complexity of the case, whether it is contested or uncontested, and the lawyer’s fees. Generally, an uncontested divorce will be less expensive than a contested one. It’s important to discuss potential costs with your Myrtle Beach divorce lawyer during your initial consultation to get a better understanding of what to expect.
What is the difference between legal separation and divorce?
Legal separation and divorce are different processes. In a legal separation, the couple remains legally married but lives separately, and issues like property division, custody, and support are still addressed by the court. Divorce, on the other hand, legally ends the marriage. If you’re unsure which option is best for you, consulting with a Myrtle Beach divorce lawyer can help clarify your options.
Contact McCutchen Vaught Geddie & Hucks, P.A. For Divorce Help in Myrtle Beach
If you or a loved one is facing a divorce in Myrtle Beach, it can be a difficult and emotional time. At McCutchen Vaught Geddie & Hucks, P.A., our Myrtle Beach Divorce Lawyers are here to support you through every step of the process. We understand the importance of protecting what matters most, including your children, your property, and your hard-earned savings. We are committed to fighting for your best interests and helping you move forward with confidence.
We know that every divorce is unique, and we will take the time to listen to your concerns and provide personalized legal guidance. Our team offers free consultations to discuss your case and explore your options. Whether you are just considering divorce or are already in the midst of the process, we are ready to help you navigate this challenging time with compassion and professionalism.
When it comes to divorce, your future is important. Our goal is to ensure that you achieve a fair and just resolution, so you can begin the next chapter of your life with peace of mind. Don’t hesitate to contact McCutchen Vaught Geddie & Hucks, P.A. for the support you need. Reach out today to schedule your free consultation.
I have used this law firm for years. Not only are they professional but very personal and compassionate. Everyone there has been such a blessing in times when I needed it the most. Gene Vaught has been my attorney for the past 24 years and has always gone above and beyond in any and every way. So thanks y’all and keep up the great work.