If you are considering divorce in South Carolina or already involved in a pending case, you might be aware that there are ways to resolve the important issues without court. In fact, many parties are able to agree on property division, alimony, and issues related to minor children. This might seem surprising when you think about emotions in divorce, until you learn the reason spouses are able to compromise: They took advantage of mediation or the collaborative divorce process. With both proceedings, parties get help from their attorneys and trained professionals to reach an agreement on divorc ..read more

You might be familiar with some of the requirements to initiate the divorce process in South Carolina, such as being a resident for at least 3 months. You will also need to state either fault-based or no-fault grounds for divorce. However, there is another rule that kicks in shortly after you file, and it is an important one. South Carolina requires a Financial Declaration in any domestic relations suit in which finances are an issue, and each party must submit their statement. The documents must be provided before the first hearing or within 45 days after serving the petition for dissolution ..read more

Many people expect divorce to be an adversarial process with numerous trips to court to battle out disputes. In reality, most parties are able to work out at least some of the key divorce issues by agreement. The South Carolina divorce statutes are on your side in this respect. They actually encourage compromise, and a court is likely to sign off on a marital settlement agreement unless it is outrageously unfair or contrary to law. The benefits of agreement in divorce are significant, and reduced legal costs are just a start. Another advantage is certainty in the outcome, since you are not rel ..read more

When parents of minor children go through divorce in South Carolina, some of the most important issues before the court are child custody, visitation, and support. While statutory guidelines are in place for calculating child support, the parties are more directly involved with respect to the other two topics. To set the stage for decisions on custody and visitation, the South Carolina child custody statute requires each parent to create and submit a parenting plan. Alternatively, the parents can submit a joint parenting plan they agree to and develop together. The benefits of negotiating a pa ..read more

Alimony can be one of the most hotly disputed topics in a South Carolina divorce case, especially since emotions are often closely tied to financial issues. State laws allow for different types of spousal support depending on the circumstances, and one may be important to you while the case is pending. South Carolina’s statute authorizes the judge to award alimony pendente lite, which would require one party to make payments during the proceedings. When you consider the fact that a case may take months or years to resolve, there may be a need to support the lower earning spouse. However, when ..read more

Depending on the ages of your children when you go through divorce in South Carolina, child support could be an obligation that lasts for up to two decades. When you think about the way your life, your family, and your child can change over time, you can see why modification to child support could become necessary. You might recall that the South Carolina child support guidelines were a focus when the initial child support order was entered. The formula takes into account the parents’ incomes, the number of children to support, and many other factors. Years later, the child support obligation ..read more

Divorce is not an easy process, but it is far more challenging when there is extreme animosity between the parties. Stress, emotions, and resentment can even lead to false or exaggerated claims of domestic violence, and the effects on your case are significant. Not only are certain acts criminal, but there is also the South Carolina domestic violence injunction process that exists to protect victims. As a petitioner, your spouse can go to court and get a restraining order against you without providing notice of the proceeding. The first you know about the matter is when a police officer knocks ..read more

Timeshares are a popular option for those who want the perks of a vacation home without the headaches involved with owning real estate in a distant location. They are certainly attractive in a destination like Charleston and other parts of South Carolina, which draws visitors for golf, beaches, wildlife viewing, history, and other attractions. In fact, statistics published by an online timeshare brokerage service reveal that the state ranks #3 in the US for the total number of timeshares and fractional units. Of these owners, more than two-thirds are married, raising important questions if the ..read more

Some people might suggest that divorce is among the most stressful experiences after the passing of a loved one, and the process can certainly be challenging even under the best of circumstances. However, there are certain mistakes that parties make during divorce that can only make things worse. Unfortunately, while South Carolina’s divorce laws cover property division, alimony, and issues related to minor children, they do not offer much guidance. You may not know how to avoid critical errors until it is too late. Divorce affects your rights, financial interests, and future, so it is essenti ..read more

Believe it or not, social media can affect your Charleston divorce case. While you might assume that there is no harm in continuing to use your social media accounts, especially if you make your profiles private, it is essential to understand how social media posts can be used in divorces. Your ex might use images you have posted to harm your case for alimony or child child custody, or your ex may try to use words you have posted against you. In some cases, you might not even realize you are posting something that could impact your case, or that you are tagged in someone else’s post in a way t ..read more