Blog | Divorce & Family Law in Charleston

April 10

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge
Date: April 10, 2019
- 0
- 69

Can alimony be terminated when a supported spouse lives with a romantic companion?

It is settled law that alimony will terminate upon the remarriage of the recipient. Several years ago our legislature added a new rule permitting the termination of alimony should the recipient cohabit with a romantic companion for a period of 90 or more consecutive days. But what if a two people ...

April 04

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge , Litigation
Tags: Adultery, Family law, Sexting
Date: April 4, 2019
- 0
- 106

Is sexting grounds for adultery?

“Sexting” and other forms of electronically recorded erotic behavior sometimes is alleged by a person against his or her spouse in a divorce case as evidence of adultery. This kind of evidence, as hurtful and offensive as it is, may not rise to the level required to prove adultery. Proof...

April 02

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law
Date: April 2, 2019
- 0
- 137

What is the consequence of a finding of Adultery in the South Carolina Family Court?

Extramarital relationships have become common place. An emphasis on fidelity and morality has long disappeared and is considered “old fashioned”. While our president models for us a new “standard” of morality, our Family Courts still take marriage vows seriously. Adultery in ...

March 21

Posted By: Guy Vitetta
Posted In: Divorce Law , Finances , General Knowledge
Tags: Alimony
Date: March 21, 2019
- 0
- 102

What constitutes “income” when determining an appropriate award of alimony?

Alimony is not an exact science in South Carolina. 13 separate factors must be separately analyzed and each one specifically addressed when making an alimony order. It is usually a simple matter to accurately determine income by examining tax returns, W-2’s, 1099’s, etc. But when i...

March 19

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: March 19, 2019
- 0
- 137

Guardians and the child’s therapist.

In virtually all contested family court cases involving children, a Guardian ad Litem is appointed. Should the child be in therapy it is a near certainty that the Guardian will want to speak with their therapist. The responsibilities of a private Guardian ad Litem in a custody matter are foun...

March 13

Posted By: Guy Vitetta
Posted In: Divorce Law , Family Law , Finances , General Knowledge
Date: March 13, 2019
- 0
- 127

Keeping Legal Fees Down in Domestic Relations Cases

Divorce cases can be some of the most expensive legal disputes in which most people will be involved. Fixed fees can keep their costs under control. The billable hour has become the norm in legal billing, but it wasn’t always this way. There was a time when a person went to the lawyer, told th...

March 07

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: March 7, 2019
- 0
- 91

Buyers Remorse: Can a Marital Settlement Agreement be enforced by the Family Court before it has been approved and adopted as a court order

Many marital settlement agreements are the result of an extended period of mediation. Sometimes one of the parties wakes up the next morning and feels that they got the short end of the stick and are no longer willing to abide by the terms. Can they withdraw their consent? It depends. Our jurispru...

February 12

Posted By: Guy Vitetta
Posted In: General Knowledge
Tags: Contempt of Court
Date: February 12, 2019
- 0
- 95

Contempt Of Court

Many times people who enter into agreements in the Family Court resolving divorce and custody issues don’t take their agreement seriously. This can be a serious mistake. When resolving a dispute in our legal system, people almost always put their agreement in writing. When these writings are c...