How to “Calculate” Alimony
For many of us, the North Carolina and South Carolina alimony statutes create more confusion than guidance. ...
Can a person be “common law married” while legally married to someone else?
An older gentleman met with me recently to discuss his desire to end his marriage. Both he and his wife were on their second marriages. They had no children and only some jointly acquired property. He told me that they decided to be Common Law married in 2010 so his girlfriend could get on his...
Punishment for marital fault
What are the penalties the family court can impose on a spouse who commits adultery or other marital fault? It is very common for me to consult with an emotionally distraught person whose spouse has committed marital fault. The most common form being adultery.For obvious reasons, they want their spo...
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 ...
Alimony Reform May Impact Charleston Divorce and Family Law cases
The Alimony Reform bill, HB 3122, in the South Carolina General Assembly significantly revises current alimony code. Everyone impacted by Divorce and Family Law in Charleston should follow it closely. It does not address the existing bar to alimony in cases involving adultery, but if enacted, HB 3...
Be Prepared: Divorce is Complicated!
Many people have never had a meaningful interaction with the Court system before a divorce. Usually this is a stressful time, and depending on what they’ve heard from the media, friends, family and rumors, expectations can be unrealistic. Divorce cases are some of the most complicated case...
Whats the best way to figure alimony in a South Carolina Divorce case?
Alimony in South Carolina is one of the most contested issues in the family court system. The legal process and methodology for determining the amount and duration of alimony are critical to finding resolutions fair to all involved. The South Carolina alimony statute lists 13 factors that must be c...