Military Divorce Lawyers in Mt. Pleasant, SC 

How Courts Handle Military Divorces

South Carolina Follows These Grounds For Divorce:

• One-year separation (no-fault divorce) if the spouses have lived separately for at least a year.
• Adultery when one spouse has engaged in a sexual relationship outside the marriage.
• Habitual drunkenness or drug abuse that continues over time and affects the marriage.
• Physical cruelty involving abuse or violence that makes it unsafe to continue the marriage.
• Desertion for one year when a spouse leaves and does not return for at least a year.

However, courts must also consider federal and military-specific laws. For example, property division must include both marital and military retirement assets, while custody and support decisions consider deployment schedules and the best interests of the child.

In Charleston County Family Court, judges also look closely at each spouse’s contribution to the marriage, the sacrifices made for military service, and the practical realities of life on base or in military housing. Issues such as Basic Allowance for Housing, special pay, and frequent moves can make it harder to trace assets and income, so careful documentation and clear testimony are critical. We help clients prepare for these hearings by gathering the right pay records, LES statements, and service histories so the court has a complete picture when making decisions about equitable distribution and ongoing support.

Resolving Military Divorce Outside of Court

Whenever possible, our team encourages amicable solutions through:

• Collaborative divorce - Both spouses and their attorneys work together to negotiate agreements without litigation, protecting relationships and privacy.
• Mediation - Neutral mediators help parents and spouses reach agreements on custody, support, and property division, reducing conflict and court involvement.
• Agreements and contracts - Drafting prenuptial or postnuptial agreements to clarify obligations and expectations before disputes escalate.

These approaches enable military families to maintain stability, focus on their children, and protect their financial future while avoiding prolonged litigation.

For many service members and spouses in the Charleston region, staying out of a contested courtroom battle also reduces the risk of orders or promotions being affected by ongoing conflict at home. When we guide you through mediation or a collaborative process, we help you prioritize the issues that matter most—such as ensuring children can maintain contact with a deployed parent, deciding who will remain in on-base or off-base housing, and structuring support in a way that reflects fluctuating military income. By resolving disagreements at the table rather than through motions and hearings, you keep more control over the outcome and can move forward more quickly.

Why Legal Representation Is Critical

Military divorces involve complex interactions between state and federal laws, retirement and benefit calculations, and unique logistical challenges. Mistakes can be costly and difficult to reverse. 

Having an experienced family law attorney facilitates the following:

• Your rights are fully protected
• Your share of retirement benefits is correctly calculated and enforced
• Custody and visitation account for deployments and military obligations
• Agreements and settlements are legally sound and enforceable

In addition, an attorney familiar with South Carolina military divorce practice can help you avoid conflicts between civilian court orders and military regulations, such as problems with service of process on active-duty personnel or orders that DFAS will not honor. We also assist clients in understanding how protections like the SCRA work in real life—when they apply, what they do not cover, and how to balance those rights with a spouse’s need for financial stability. By anticipating potential roadblocks early, we can often resolve issues through negotiation or narrowly tailored court requests rather than waiting for an emergency to develop.

Frequently Asked Questions

Where Will My Military Divorce Case Be Heard If I Live In The Charleston Area?

Most military divorce cases for families living in or around Charleston are heard in the family court for the county where the filing spouse resides, such as Charleston County Family Court in downtown Charleston. The correct venue depends on your county of residence and how long you have lived in South Carolina. Because many service members are temporarily stationed in the Lowcountry, it can take some analysis to decide where to file so that the court clearly has authority over both spouses and any children involved.

How Does Deployment Affect Parenting Plans And Visitation?

Deployment does not take away a parent’s rights, but it often requires creative scheduling and detailed backup plans. Parenting plans for military families typically address who will care for the children during deployment, how communication will be handled, and what happens when the service member returns. South Carolina courts, including those serving the Charleston area, focus on the best interests of the child while recognizing the realities of military service, so thoughtful, child-centered proposals are especially important.

Can I Start A Military Divorce If My Spouse Is Stationed Out Of State Or Overseas?

You can usually begin a military divorce in South Carolina if you meet the state’s residency requirements, even when your spouse is stationed elsewhere. Additional steps may be needed to properly serve an active-duty spouse and to address how distance will affect hearings and settlement discussions. With planning, many of these issues can be handled through remote communication and coordinated scheduling so that the case moves forward while respecting military duties.

Begin Your Military Divorce With Confidence

Klok Law Firm provides the legal experience, strategic guidance, and personalized attention that military families require to navigate divorce successfully. We stand by your side to protect your rights, guide you through complex legal matters, and help you move forward with understanding and confidence. 

From your first consultation, we focus on giving you clear information so you can make thoughtful choices about filing, temporary arrangements, and long-term goals. We discuss options for handling your case if you are stationed outside South Carolina, anticipate upcoming orders, or expect a deployment during the proceedings. Our goal is to build a workable plan that respects your service while prioritizing your family’s well-being, so that when you move ahead with a military divorce in the Charleston area, you do so with a realistic roadmap rather than unanswered questions.

Call (843) 701-1695 today or book a free consultation online with a Mt. Pleasant military divorce attorney to discuss your case.