Blog | Divorce & Family Law in Charleston

January 08

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: January 8, 2023
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Brief Summary of Planned Parenthood v South Carolina.

In February 2021 Governor Henry McMaster signed a restrictive anti abortion law forbidding abortions once a “heartbeat” can be discerned in a fetus. McMaster said this law is in accord with South Carolina values which value all beating hearts. Later, in the same legislative s...

December 15

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: December 15, 2022
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Does early mediation work for domestic relations matters?

Sometimes an early mediation in a domestic relations matter is helpful to reach a quick and peaceful resolution, but not all cases are suited for it. I recently mediated two custody cases, both of which were on an upcoming docket for a Temporary Hearing, and one came to a complete resolution of all ...

November 15

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: November 15, 2022
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Properly notating and qualifying entries on a Financial Affidavit for use in Domestic Relations Court can prevent a lot of subsequent problems.

Some family law lawyers do not take financial affidavits seriously and simply hand up to the Court whatever the client has filled out on the State form (by hand), and sworn to, without really reviewing it. Not only is this a dereliction of our duty to our client, it could set them up for major [&h...

November 08

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: November 8, 2022
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What to look for when choosing a family law mediator

No two family law cases are alike and a “one type fits all” attitude regarding choosing a mediator may not lead to the best result. Some mediators take a very practical, no-nonsense approach to resolving a domestic relations dispute. They will work quickly and efficiently to get to...

November 04

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: November 4, 2022
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Negotiating support issues

Often support negotiations are some of the most difficult negotiations in a domestic relations case. While child support is a simple algebraic formula, alimony is an entirely different matter. The alimony statute lists 13 factors that all must be considered, none of which involve an algebraic form...

November 01

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: November 1, 2022
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How to lose $100,000 in your divorce.

In February of 2005 the Family Court in Wake County, NC approved a consent order awarding Husband just over $106,000 in retirement funds to be paid to him from his Wife’s 401(k) by way of QDRO. The requisite documents were never submitted to the trial court, and the ordered amounts were neve...

September 13

Posted By: Guy Vitetta
Posted In: General Knowledge
Date: September 13, 2022
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How to separate assets and debts in divorce

North and South Carolina are both equitable distributions states when it comes to divorce. This broadly means that all property acquired during the marriage will be considered marital for purposes of equitable apportionment. While this may seem simple, those of us that do this work know the t...

September 09

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law , Family Law , Law Advice , Law Articles , Legal Advice
Date: September 9, 2022
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What circumstances permit an annulment versus a divorce?

Family law lawyers get requests for annulments in generally two cases: a very short term marriage (just a few months) or marriage to a foreign national for a short period of time. In both of these instances, South Carolina law provides very little flexibility. The reason someone may want an ann...