Long Term Separation
Is it advisable for parties to separate and wait one year, or longer, before filing for divorce and a resolution of the property, support, and children's issues?...
5 Things to include in all marital settlement agreements
Marital Separation Agreements are unlike any other kind of legal contract. Rather than bringing an end to a lawsuit, they establish the ground rules for the future, post separation, relationship and they must be drafted with that in mind. With and eye on the future, here are 5 things to always inclu...
What should therapists do when they get a request to release their client’s mental health file to a divorce lawyer?
Therapists and others in the mental health community are often unsure what to do when confronted with a request for a client’s therapy records from a divorce lawyer. Here are a few practice pointers based on what I have learned over the years in this evolving area of law. First, how was the re...
Contempt In Family Court: What Does It Mean and What Should You Do?
Family Court Orders must be taken very seriously. The Family Court will enforce its orders and a person found to be in Contempt is subject to one year in jail, 300 hours of community service and/ or a fine of $1,500. Family Court Orders are often very detailed. They will set out specific visitation ...
What Is At Stake For A Person Who Is In Default Of A South Carolina Divorce Case
The word “default” has an ominous ring and a finding of default against a litigant can often be fatal. In Family Court, however, default is not nearly as draconian. Default is when one party to a lawsuit fails respond to an allegation in the time required by court rule. Default most often happen...
Should You Consider Binding Arbitration In Your Divorce Case
Reaching a settlement in a routine divorce can be expensive. Going to trial in a divorce case can be financially prohibitive for all but the wealthy. Arbitration may be more affordable and better way to resolve a divorce for most people. Arbitration in a divorce case is when two people hire a neutr...
Finding Relief From A Family Court Temporary Order
Family Court Temporary Hearings should not be taken lightly. Once an order has been issued, it is virtually impossible to change it prior to a final hearing without an agreement. I recently had a case where a judge issued an order after a Temporary Hearing awarding my client about 28% of husband&#...
The Penalty For Failing To Pay Child Support
Child Support is one of the few, if only, issues in family court that is sacrosanct. It will always be ordered when appropriate and sanctions for non payment are severe. Recently a man in North Charleston was shot and killed by a police officer while he was fleeing to avoid being arrested on an outs...