Blog | Divorce & Family Law in Charleston

September 06

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: September 6, 2023
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Contempt of Family Court: what is required to find a violation of a prior order.

Litigants in family court can sometimes have a difficult time proving contempt due to either poor drafting or incomplete court orders. Charleston Attorney Greg Forman recently won a partial victory in the Court of Appeals in the matter of Brantley v Brantley filed on August 30, 2023. Greg&#...

August 31

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: August 31, 2023
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The domestic relations mediation process often happens a lot differently than we imagine!

It’s hard to imagine, but mediation in domestic relations cases is an adversarial process that leverages settlements of complicated financial and child custody issue. I say “leverage” because after a mediation both parties generally feel as if they had no option but to agree ...

August 29

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: August 29, 2023
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Fixed Fees and Limited Scope Representation can keep legal fees down.

Many law firms have created a very profitable business model capable of handling a large volume of cases. The critical component of this new business model is the billable hour fee arrangement. The billable hour fee arrangement is now the gold standard for much of the legal industry, including...

June 13

Posted By: Guy Vitetta
Posted In: General Knowledge , Legal Advice
Date: June 13, 2023
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Are Prenuptial Agreements always a good idea?

I have been drafting prenuptial agreements for many years, and one that I have done recently has caused me to think a bit more about the point of these documents. A young man had gotten off to a good financial start in life and came to me with just over a million dollars in the […]...

March 27

Posted By: Guy Vitetta
Posted In: Divorce Law , Family Law , General Knowledge
Date: March 27, 2023
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Neglecting a client and their case is one of the main ways lawyers get in trouble.

Rule 1.4 of the Rules of Professional Conduct governing lawyers states: (a) A lawyer shall: promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(g), is required by these Rules; reasonably consult with the client ...

March 09

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: March 9, 2023
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A very well prepared mediation and a happy mediator.

One of the biggest barriers to resolution a mediator will confront is lawyers who are have not prepared their case for mediation. Not to long ago I was mediating a case for two excellent family law lawyers, Mandy Kimmons and Emily Neal. They had a big case involving just about every family law...

February 18

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: February 18, 2023
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Tips for preparing your family law case for mediation.

I have been a trial lawyer for over 30 years, however I am a relatively new mediator. I am finding that many attorneys are not fully prepared for mediation and seem to expect me to fill in the missing pieces and find a settlement for them. Well, I may be good, but I can’t work […]...

January 11

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: January 11, 2023
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How to properly prepare for mediation

Proper preparation for mediation is critical for family law lawyers. Did you know a significant minority of lawyers fail to properly prepare, or prepare at all, for a domestic relations mediation? Did you know a significant minority of lawyers don’t use any software like Settlyd or Traxler to ...