Asset Division in Divorce

Dividing Non Martial Property In Divorce: Can It Be Done?

Marital property is all property acquired by a married couple during their marriage, regardless of how the property is titled. But what about property owned by a person prior to the marriage- will this also be thrown into the mix? Property owned prior to a marriage is generally going to be the separ...
Read More

What is a divorced parent’s responsibility when a child claims he or she does not want to go to visitation with the other parent?

Parents who are divorced are often confronted with children who do not want to visit the other parent as the Divorce Decree requires. Here is some guidance from the Court of Appeals that may help prevent you from being found in Contempt of Court. On July 6, 2016, in the case of Noonjin v Noojin, th...
Read More
Family Court

Contempt In Family Court: What Does It Mean and What Should You Do?

Family Court Orders must be taken very seriously. The Family Court will enforce its orders and a person found to be in Contempt is subject to one year in jail, 300 hours of community service and/ or a fine of $1,500. Family Court Orders are often very detailed. They will set out specific visitation ...
Read More
Divorce and Family Law

Why Family Law Cases Are Difficult And How To Lessen The Pain

Family Law cases are some of the most difficult cases in the judicial system. Here are a few thoughts to help you stay focused and get through your Family Law case with  your sanity and bank balance intact. First, choose the right Family Law Lawyer. Our rules do not permit a Family Law Attorney to ...
Read More

Marital Property Can Be Created from Non Marital Property: The South Carolina “Doctrine of Transmutation”. 

Generally in SC only property that is acquired during the marriage will be included in the marital estate. But sometime property inherited or acquired by gift before or during the marriage can also become, or “transmute” into, marital property subject to division.  SC law is very clear that “...
Read More

Be Careful When Dividing Retirement Accounts In Divorce

There many different kinds of retirement accounts, and when people get divorced, there are just about as many different ways to divide them. Knowing the pitfalls can be beneficial for a fair resolution. South Carolina is an “equitable distribution” state. This means that when people divorce, pro...
Read More