Contested Divorce Lawyer Beaufort, SC
If you and your spouse cannot agree on the terms of your divorce, you are likely headed for a contested proceeding. That means a family court judge in Beaufort County will make the decisions you two could not make on your own, including how property is divided, whether alimony is awarded, who gets custody of the children, and how much child support is owed. The outcome depends heavily on how well your case is prepared and presented.
A Beaufort, SC contested divorce lawyer at The Law Office of Jonathan Lewis, LLC can guide you through every stage of this process. We offer free consultations and take the time to understand your circumstances before recommending a course of action.
Why Choose The Law Office of Jonathan Lewis, LLC for a Contested Divorce in Beaufort, SC?
An Attorney Who Prepares for Trial from Day One
Jonathan Lewis, approaches every contested divorce as if it will go to trial. That’s not pessimism. It is preparation. When the other side knows your attorney is ready to try the case, negotiations tend to produce better results.
Jonathan graduated from the University of South Carolina School of Law in 2018, was admitted to the South Carolina Bar in 2019, and founded the firm that same year. He previously earned a Bachelor of Arts and a Master of Arts in International Affairs from Norwich University. Before law school, he served for over a decade in emergency medicine, including time as a DOD contractor supporting medical operations in the Middle East. That kind of background produces an attorney who performs well under pressure and doesn’t flinch when a case gets difficult.
As a family attorney in Beaufort, SC, Jonathan handles contested divorces involving custody disputes, significant marital estates, allegations of fault, and cases where one party is deliberately obstructing the process.
Recognition in Family and Criminal Law
Jonathan Lewis has been selected as a Super Lawyers Rising Star for 2024 and 2025 in both Criminal and Family Law. Charleston/Columbia/Greenville Business Monthly named him a Legal Elite of the Low Country in both Family Law and Criminal Law, and he received the Legal Elite of the Midlands recognition in Family Law as well. He is also an active member of the American Bar Association, the American Association for Justice, and the South Carolina Association for Justice.
His service record extends beyond paid client work. Jonathan has been awarded the ABA Military Pro Bono Project Outstanding Services Award annually from 2020 through 2024 for his pro bono representation of military servicemembers. The South Carolina Supreme Court has recognized him on the Pro Bono Honor Rolls every year during that same period.
Clear Fee Information
Family law cases at our firm are billed at hourly rates. Attorneys charge $350 per hour, paralegals $175 per hour, and legal assistants and law clerks $100 per hour. Your retainer is set during the initial consultation based on the complexity of your case. We discuss costs openly because contested divorces can be expensive, and you deserve to know what you’re getting into before making decisions.
What Our Clients Say
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“They were able to help me with my divorce process and were very helpful with answering questions and helping me through the legal process. Everything from filing the correct paperwork, an unusual serving process to deal with someone who was avoiding the divorce process entirely, helping to represent me with the court process and other complicated tasks as someone not in the legal field…” – Austin
Read more reviews on our Google Business Profile.
Types of Contested Divorce Cases We Handle in Beaufort
A contested divorce is any divorce where spouses cannot reach agreement on one or more issues. The scope of disagreement varies, and so does the complexity. Here are the contested cases we handle for Beaufort area clients.
- Child custody. Custody is frequently the most contested issue in a divorce. We advocate for parenting arrangements that serve the child’s best interest while protecting our client’s rights to meaningful time with their children.
- High conflict divorce. Some contested divorces involve spouses who are actively hostile toward one another. These cases require an attorney who can manage conflict while keeping the focus on legal strategy.
- Parental alienation. When one parent attempts to damage the child’s relationship with the other, it often surfaces during contested divorce proceedings. We know how to present alienation evidence effectively in court.
- DSS involvement. Sometimes a contested divorce intersects with a Department of Social Services investigation, whether genuine or initiated as a litigation tactic. We handle the family court case and the DSS matter together.
- Divorce mediation. South Carolina courts frequently order mediation before allowing a contested case to proceed to trial. We represent clients through that process and use it strategically, even when cooperation seems unlikely.
- Child support disputes. Disagreements about income calculation, imputation of income, and guideline deviations are common in contested divorces. We present financial evidence that supports fair support obligations.
- Property division. Equitable apportionment of marital property in South Carolina involves many variables, and disagreements about what qualifies as marital property, its value, and how it should be divided are at the core of most contested divorces.
South Carolina Legal Requirements for Contested Divorce
South Carolina requires that at least one ground for divorce be established under S.C. Code § 20-3-10. The five grounds are adultery, one year of desertion, physical cruelty, habitual drunkenness or drug use, and living separate and apart for one year without cohabiting. In a contested divorce, the ground itself may be disputed. The respondent might deny fault or argue that the separation period has not been met.
Residency is also a prerequisite. Under § 20-3-30, when both parties live in South Carolina, the filing spouse needs only three months of state residency. When one party lives out of state, the in-state spouse must have resided in South Carolina for at least one year before filing.
Property division in a contested divorce follows § 20-3-620, South Carolina’s equitable apportionment statute. The court considers fifteen factors, including the duration of the marriage, each party’s contribution to the marital estate, each party’s income and earning potential, and marital misconduct. Equitable does not mean equal. It means fair based on the circumstances. Presenting these factors persuasively at trial is where the outcome is won or lost.
For custody, § 63-15-240 governs. The court evaluates the best interest of the child using factors that include each parent’s relationship with the child, the child’s developmental needs, and whether either parent has engaged in manipulative or coercive behavior. In a contested divorce in Beaufort, custody evidence must be detailed, organized, and supported by documentation or witness testimony.
South Carolina family courts may also require mediation before allowing a contested case to go to trial. If mediation does not resolve the issues, the case proceeds to a hearing on the merits.
Important Aspects of a Beaufort Contested Divorce Case
Discovery and Financial Disclosure
In any contested divorce, discovery is the process that uncovers the facts. Both parties are required to disclose their finances, and formal discovery tools like interrogatories, requests for production, depositions, and subpoenas can be used to obtain information the other side is reluctant to share. We have seen cases where a spouse claimed to earn far less than they actually did, or tried to conceal assets through transfers to family members. Thorough discovery prevents these tactics from succeeding.
Temporary Hearings
Before a contested divorce in Beaufort reaches a final hearing, the court may hold temporary hearings to establish custody, support, and use of marital property while the case is pending. These hearings are consequential because temporary orders often influence the final outcome. Judges tend to maintain stability for children, which means a temporary custody arrangement can set the trajectory for the permanent order. We prepare for temporary hearings with the same rigor we bring to trial.
Fault-Based Claims and Their Consequences
When fault is alleged in a contested divorce, the stakes rise. A finding of adultery, for example, creates a statutory bar to alimony for the at-fault spouse under § 20-3-130. Physical cruelty or habitual substance abuse can also affect custody determinations. Proving or defending against fault claims requires evidence, including financial records, communications, photographs, and sometimes testimony from private investigators or other witnesses. Preparing these questions for consultation early in the process helps us identify the strongest arguments for your case.
How Long a Contested Divorce Takes in South Carolina
There is no fixed timeline for a contested divorce. South Carolina imposes a mandatory waiting period after filing before a final hearing can be scheduled, and actual case length depends on how many issues are in dispute, whether temporary orders are needed, and whether mediation resolves any contested points. A straightforward contested case might take six to twelve months. Cases involving complex property, custody evaluations, or multiple hearings can take longer. Beaufort County family court schedules affect timing as well.
When Settlement Makes Sense
Not every issue in a contested divorce needs to go to trial. Sometimes parties resolve some disputes but not others, leading to a partial trial. Other times, one party’s position weakens during discovery, creating an opportunity for settlement. Our approach is to negotiate from a position of strength, which only works if you have prepared as though trial is inevitable. Jonathan’s background, including criminal defense work where he has secured acquittals in serious cases, informs this trial-ready approach.
The Role of the Guardian ad Litem
When custody is contested and the court appoints a guardian ad litem, that individual conducts an independent investigation and reports findings to the judge. The guardian interviews parents, children, teachers, therapists, and other people in the child’s life. Their report can significantly influence the court’s custody decision. Cooperating with the guardian and providing thorough documentation of your involvement in your child’s life is something we prioritize.
Contact The Law Office of Jonathan Lewis, LLC
A contested divorce attorney in Beaufort can help you navigate the legal process with a clear strategy and realistic expectations. We offer free consultations so you can understand your options and make informed decisions about your case.
Contact us to schedule a time to talk. Our firm is prepared to represent you through mediation, temporary hearings, trial, and every step between.