South Carolina Family Law Blog

What Should I Expect in my Divorce Mediation?

Posted by on 10:47 am in Divorce, Mediation | Comments Off on What Should I Expect in my Divorce Mediation?

What Should I Expect in my Divorce Mediation?

In November 2015, the South Carolina Supreme Court issued an order requiring all domestic relations actions in this state to be subject to mediation.  So, if you are a part of a divorce action in South Carolina your case is subject to be mediated unless you resolve the outstanding issues on your own. A mediator is a trained neutral who will assist the parties in attempted to negotiate a settlement.  He or she may be a lawyer, but is not required to be a lawyer.  The mediator is completely neutral.  That means, the mediator does not have an...

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Can I Appeal the Temporary Order

Posted by on 10:54 pm in Family Law 101 | Comments Off on Can I Appeal the Temporary Order

Can I Appeal the Temporary Order

I have written about the importance of temporary hearings in the past on this blog.  Getting the case started out right from the beginning is important for your case.  However, some times no matter how well you and your lawyer prepare, things don’t go so well during at the temporary hearing.  Occasionally, it is obvious that bad things are going to happen at a Temporary Hearing.  Other times the Court’s ruling can come as a surprise.  Either way, it is hard to deal with the consequences of some court orders.  In Family Court,...

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Do You Need to Establish Paternity?

Posted by on 11:06 pm in Child Custody, Children's Issues | Comments Off on Do You Need to Establish Paternity?

If you are married and a child is born, the law has a presumption of paternity.  That means, when a child is conceived during a marriage, the husband is presumed to be the father of the child.  We know that is not always the case and what to do in this situation is discussed in another article, here. In this situation, there is a child born to unwed parents.  Just because the parents aren’t married doesn’t mean there is conflict and problems between the parents creating custody battles and visitation issues.  But, it is when these...

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Should I hire a Private Investigator

Posted by on 8:27 am in Child Custody, Divorce, Family Law 101, Property Division | 3 comments

Should I hire a Private Investigator

The answer is…it depends.  What are the issues that you are trying to prove?  What is the investment that you will be making in the private investigator?  What do you hope to get out of the investigation?  Whenever we use the services of another professional in the divorce process it is important to determine the cost and the return on investment. So, what are some ways to measure your return on investment? Alimony.  The law in South Carolina states that an adulterous affair that occurs before a couple of things happen (the signing of a...

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Should I Skip Hiring a Divorce Lawyer Since we have a Simple Divorce?

Posted by on 12:53 pm in Divorce | 10 comments

Should I Skip Hiring a Divorce Lawyer Since we have a Simple Divorce?

It is tempting to hold off on hiring a lawyer to review your case or simply represent you when you feel like your divorce case is fairly simple and straightforward.  The problem is that a divorce can seem very simple on the surface, but the underlying effects of an order can be very far-reaching and many times the results are not what you anticipated. Even in situations where you and your spouse are working together amicably and have negotiated an agreement together, I would encourage you to seek legal counsel from a lawyer in your...

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Divorce Mediation: Ready to Make Some Hard Decisions

Posted by on 9:01 am in Divorce, Family Law 101, Mediation | 4 comments

Divorce Mediation: Ready to Make Some Hard Decisions

Mediation is a requirement for most South Carolinians facing divorce.  A majority of our counties now have a mandatory mediation requirement before a final divorce hearing can be scheduled.  Even though mediation is becoming mandatory in most areas, it is also a great idea to go through mediation if you cannot resolve your case on your own.  So how can you make the most of your mediation? I am a certified family court mediator and I represent a lot of people who are facing divorce.  Because of those two roles I have been involved as a...

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Why do I have to complete a financial declaration?

Posted by on 8:00 am in Divorce, Financial Issues in Marriage | 1 comment

Why do I have to complete a financial declaration?

In family court matters, most clients are asked to complete a financial declaration to present to the Court and other parties.  When I make the request for my clients to complete this form, I am often met with a lot of questions and push back.  The reasons vary: they think it isn’t relevant because they reached an agreement, they are afraid that a judge will change their agreement because of what is shown on the financial declaration (good or bad), or they may just value their privacy.  So why do you have to complete a financial...

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Where do I file my divorce?

Posted by on 8:45 am in Divorce, Family Law 101 | 2 comments

Where do I file my divorce?

When you are preparing to file for a divorce most people would like to file it in the county/court most convenient to them, but that is not always proper or allowed. When considering the proper county for filing your divorce you are considering the proper “venue”.  In South Carolina, the proper venue is determined by SC Code §20-3-60. South Carolina law requires divorce and separate support and maintenance actions to be filed in the county where the Defendant resides at the time of filing your divorce case; where the Plaintiff...

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Do We Have to Separate and if I do, will I lose any rights?

Posted by on 9:00 am in Divorce | Comments Off on Do We Have to Separate and if I do, will I lose any rights?

Do We Have to Separate and if I do, will I lose any rights?

Question: My spouse is threatening to sue me for abandonment if I leave and telling me that I won’t get anything from the home if I leave the home.  Our marriage is over and I cannot stay there any longer.  Can I leave the home or am I required to stay?   Answer:This is a very common threat in divorce matters.  The fear of the unknown and a lack of understanding of the law keeps people together – even in dangerous or abusive situations.  So, let’s look a little deeper.  Is is okay to leave the home or will you forfeit some...

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South Carolina Child Custody

Posted by on 9:00 am in Child Custody, Children's Issues | Comments Off on South Carolina Child Custody

South Carolina Child Custody

If you are facing a separation/divorce matter or you are aren’t married but have children with someone and you are considering separating you most likely have many questions related to the child custody laws in South Carolina, how things will look when you separate, and what you can expect when it comes to time and responsibility for your children.  When you discuss things with friends who have “been there, done that” or you begin your research online you hear lots of terms.  Many of them are confusing or seem contradictory....

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