Wills and Estates

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In South Carolina, the Family Court generally has jurisdiction to hear cases involving marital issues, including, divorce, custody, child support, visitation, and any other issues pertaining to domestic litigation.

Coastal Law Firm's main office is located directly across the street from where the Horry County Family Court is held, which is located in the New Horry County Courthouse, located in Conway, South Carolina.

When determining factors during a divorce, the issues of marital property and debt often arise. In settling such issues, the parties often enter into a mutual signed agreement, often referred to as a Marital Settlement Agreement, or the Family Court may award or distribute property as seen fit within a Final Decree of Divorce.

By entering into a Marital Settlement Agreement, generally the parties have come to some sort of an understanding or agreement with respect to marital property and debt. By having an attorney prepare such an agreement, the parties are able to avoid litigation, while keeping expenses to a minimal. In the alternative, when the parties are unable to reach a settlement, South Carolina is referred to as an “equitable distribution” state, and the Family Court will take the following approach to dividing the parties’ assets and debts;

First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Lastly, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Family Court to be fair.

The court will determine what is considered to be marital property and divide such property in an equitable fashion, by considering the following factors:

(1) Duration of the marriage together with the ages of the parties;

(2) Marital fault or misconduct;

(3) Current value of the property;

(4) Contribution each spouse made to the acquisition of the property;

(5) Income of each spouse;

(6) Earning potential of each spouse;

(7) Health (physical and emotional) of each spouse;

(8) Need for additional training or education of each spouse;

(9) The separate property of each spouse;

(10) The retirement benefits of each spouse;

(11) The tax consequences;

(12) Expenses and debts of each spouse;

(13) The custody arrangement if children are involved;

(14) Any other relevant factors. (Code of Laws for South Carolina - Chapter 3; Sections 20-7-472, 20-7-473).