Jenkins Law LLC

10/23/2026

Thinking about running for ABA YLD elected leadership? Join us for Elections 101: Run. Lead. Serve: Your Roadmap to YLD Elected Leadership on November 6, 2026, at 1:00 p.m. ET.

This interactive program features a 45-minute panel discussion with current YLD elected officers and constitutional representatives sharing their leadership journeys and practical guidance, plus a 15-minute overview of the YLD Bylaws’ election eligibility requirements, candidate declaration process, and best practices.

Register now: https://www.americanbar.org/events-cle/mtg/web/464500723/?login

Share this with a young lawyer who’s ready to lead!

10/23/2026

Such an honor to be named ABA Young Lawyers Division Star of the Quarter tonight, recognized by Chair Lauren Barnes-Williams at our Virtual Fall Council Meeting!

As Chair of the First Generation Lawyer Initiative, I’ve been able to carry forward work that means a lot to me personally, and none of this would be off to such a strong start without Dashawn Cason, my immediate predecessor and now ABA YLD Secretary. Dashawn sat down with me before this bar year even started, walked through my plan, and gave me feedback that made all the difference. That’s the kind of leadership that makes an organization strong.

Thankful for this recognition and excited for what’s ahead, including our First Generation Regional Summit coming up April 7th and 8th, 2027.

10/21/2026

Workplace benefits denied?
Don’t ignore the letter.

If you get health insurance, disability coverage, or retirement benefits through a private employer in South Carolina, a federal law called ERISA may protect your rights—and set important rules for challenging a denial.

Start with these steps:

Read the denial notice and find your appeal deadline.

Request your plan documents and the records used to decide your claim.

Gather supporting evidence and keep proof that you submitted your appeal on time.

Don’t wait until the deadline is close to get help. Asking questions or requesting documents does not automatically extend your time to appeal. If you need urgent medical care, ask immediately about faster review.

Not every benefit plan is covered by ERISA.
Give us a call to see if your benefit plan is covered - 803-745-8988

*General information only—not legal advice. Reading this post does not create an attorney-client relationship*

10/20/2026

SC Bar Solo & Small Firm Council Elections Results Announcement

The votes have been counted for the four open positions on the SSF Council. Based on the results of the election, the following candidates received the highest number of votes and have been elected to serve on the Council for the 2027-2029 Election Year:

Ben Stevens (7th Circuit)
Brian Jenkins (6th Circuit)
Margaret Day (14th Circuit)
John (Shannon) M. Prosser, Jr. (12th Circuit)

10/19/2026

Excited to share that I’ve been admitted to practice before the U.S. District Court for the District of South Carolina.

This opens the door to federal matters I couldn’t previously take on, most notably ERISA benefits-denial cases involving wrongfully denied long-term disability, life, health, and other employer-sponsored benefit claims. If you or someone you know has had a claim denied by a plan administrator, I’d welcome the conversation.

Grateful for everyone who’s supported the path here, and looking forward to putting this to work for clients across South Carolina.

10/06/2026

Denied disability, life insurance, or health benefits through your job? Federal law may control your claim. 📋

If you live in South Carolina and get benefits through your employer, there's a good chance your plan is governed by ERISA, the Employee Retirement Income Security Act of 1974. That's a federal law, and it changes the rules in ways many people don't expect.

Here's what South Carolinians should know:

✅ ERISA often overrides state law. Claims involving employer-sponsored long-term disability, life insurance, health coverage, and pensions are usually handled under federal rules, not South Carolina insurance law.

⏰ Deadlines are strict. Before you can file a lawsuit, you generally must appeal the denial with the insurance company or plan first. For many disability and health claims, you get as little as 180 days to file that appeal. Miss it, and you may lose your rights.

📁 Your appeal may be your only chance to build your case. In many ERISA lawsuits, the court looks only at the evidence submitted during the appeal. Medical records, doctor statements, and other proof should go in before the claim reaches court.

⚖️ Cases are heard in federal court. ERISA lawsuits in South Carolina are typically filed in the U.S. District Court for the District of South Carolina.

If your claim was denied or your benefits were cut off, don't wait until the deadline is close. Getting help early can make a real difference.

📞 Contact us for a consultation: 803-745-8988

*This post is for general information only and is not legal advice.*

10/05/2026

“Do I really have to wait a year to get divorced in South Carolina?” 🤔

For a no-fault divorce based on separation, spouses must live separate and apart without cohabitation for one continuous year. But you do not have to wait a year before asking for legal help or seeking appropriate Family Court relief.

A few quick facts:

✔️ Moving back in and resuming cohabitation can interrupt the year. What happened during an attempted reconciliation matters.

✔️ Separate bedrooms in the same home generally do not establish that spouses are living separate and apart.

✔️ No filing starts the one-year period by itself. What matters is when you actually began living apart without cohabitation.

✔️ You can ask the court to address custody, child support, spousal support, and property issues before the year is over. The relief granted depends on your circumstances.

Getting advice early can help you decide whether to seek temporary orders addressing finances, custody, and support.

📞 Questions about your situation? Call 803-745-8988 to schedule a consultation.

*This post is general information, not legal advice.*

09/25/2026

The Final Stretch — Hearings, Orders & How Long It Actually Takes

Here's the step people wait for: the Final Order of Divorce. Until a judge signs it, your marriage is still legally intact — even if you've been to court. ✍️

Along the way, a few things may happen first:

🕐 Temporary orders — for urgent issues like where kids live, who pays bills, or use of the marital home while the case is pending

🔍 Discovery & negotiation — exchanging financial info and trying to reach an agreement outside the courtroom

👩‍⚖️ A final hearing — straightforward for uncontested cases; more involved (evidence, testimony, judge's rulings) if contested
So how long does it take? There's no single answer. SC Family Courts aim to resolve cases within 365 days, but that's a benchmark — not a guarantee. Contested issues, kids, business interests, and asset disputes can all extend the timeline.

Once you have that signed, "clocked" Final Order — keep it. You'll need it for remarrying, name changes, refinancing, retirement accounts, and more.

📖 Catch up with us - https://brianejenkinslaw.com/

Considering filing in South Carolina? Understanding the process before you start can make all the difference. At Jenkins Law LLC, we're here to help you move forward with confidence.

*General information only — not legal advice for your specific circumstances.*

Jenkins Law offers experienced legal representation in personal injury, family, & criminal law - serving clients across South Carolina with dedication and care.

09/23/2026

Served, Contested, or Uncontested?

Here's Where Paths Split

Once a divorce is filed, your spouse (the Defendant) has to be formally served — usually 30 days to respond (35 if by certified mail). 📬

What happens next depends on how they respond:

🤝 They agree → the case can move forward as uncontested — no judge needed to settle disputes

⚖️ They disagree → the case becomes contested, which can mean negotiation, discovery, temporary hearings, mediation, or a trial
And even if you both agree the marriage is over, divorce doesn't automatically sort out everything else.

Depending on your situation, the court may still need to address:
🏠 Property & debt division
👨‍👩‍👧 Child custody & support
💰 Alimony
📄 Attorney's fees

If you're seeking a divorce based on one year of separation, remember: that clock has to have actually run before the divorce is finalized. You can't separate on Monday and expect a final order on Tuesday.

📖 Reach out to us for more - https://brianejenkinslaw.com/

*This is for information only — not a substitute for legal advice.*

Jenkins Law offers experienced legal representation in personal injury, family, & criminal law - serving clients across South Carolina with dedication and care.

09/21/2026

"So You've Decided to File... Now What?"

Filing for divorce isn't the same as being divorced — it's the start of a legal process, not the end of it. 📋

Before anything gets filed in South Carolina, two things have to be true:

✅ Residency — generally, you or your spouse must have lived in SC for at least a year (or 3 months if you both live here)

✅ A legal ground — SC doesn't grant divorces just because a marriage is over. You need a recognized ground, like adultery, desertion, cruelty, or the most common one: living separate and apart for one year (the "no-fault" route)

Once that's established, the Plaintiff files a Complaint for Divorce with the Family Court — kicking off the case.

But here's the part people don't expect: filing the paperwork doesn't mean your spouse has been legally notified yet.
That's Part 2. 👀

Reach out to us for more information - https://brianejenkinslaw.com/

*This is general information, not legal advice for your specific situation.*

Jenkins Law offers experienced legal representation in personal injury, family, & criminal law - serving clients across South Carolina with dedication and care.