Blog | Divorce & Family Law in Charleston

October 08

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice
Date: October 8, 2019
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Dividing up marital property: what’s not on the table?

All property acquired during a marriage in South Carolina is considered the property of both parties, except… The term “property” in South Carolina domestic relations law does not simply refer to the house, sofa, kitchen utensils and automobiles. It also refers to retirement accoun...

October 03

Posted By: Guy Vitetta
Posted In: Law Advice , Law Articles , Legal Advice , Litigation
Date: October 3, 2019
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Restraining Orders

This Tip will explain the various types of “Restraining Orders” available to protect vulnerable people from violence and abuse. MAGISTRATE COURT: This is a restraining order issued by a local county Magistrate that prohibits any and all contact with another person for Harassme...

September 25

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice , Litigation
Date: September 25, 2019
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Keeping divorce fees down

Divorce cases can be very expensive, but the proper use of a mental health professional can help keep the costs reasonable and provide an opportunity for a litigant to make informed, reason decisions. ...

September 19

Posted By: Guy Vitetta
Posted In: Divorce Law
Date: September 19, 2019
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Must married couples be separated for one year before starting the divorce process?

Married couples must wait one year before an uncontested divorce, but can permanently resolve all issues between them much earlier than this....

September 12

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: September 12, 2019
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Our laws encourages people to reach out of court settlements. Once an agreement has been made, it may be binding on both parties.

Many marital settlement agreement are the result of lengthly negotiations. Sometimes after an agreement has been signed one of the parties feels that they got the short end of the stick and want to back out. Can they do this? Our laws encourages people to reach out of court settlements and were desi...

September 06

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: September 6, 2019
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Can a person be compelled to testify against their spouse?

Many of us have heard that a person cannot be compelled to testify against their spouse. Can a person actually avoid legal jeopardy because their spouse, who holds the key evidence, refuses to testify? South Carolina has a statute on the books that speaks specifically to this (S.C.Code Ann. § 19-11...

August 14

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge
Date: August 14, 2019
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Property Division is Permanent

SC Court of Appeals re-affirms the rule that final property division agreements cannot be modified. On August 7, 2019 in the matter of Thompson v Thompson the SC Court of Appeals overturned the Trial Court which had granted relief to the Appellee pursuant to Rule 60(b)(5) of the SC Rules of Ci...

June 24

Posted By: Guy Vitetta
Posted In: Child Custody , General Knowledge
Date: June 24, 2019
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Regaining Custody After Voluntary Relinquishment

Third parties are not on equal footing with parents in family court custody disputes ...