Divorce Law Archives - Vitetta Family Law

February 11

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law , Family Law
Date: February 11, 2021
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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...

January 27

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law , Family Law , Legal Advice
Date: January 27, 2021
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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...

September 19

Posted By: Guy Vitetta
Posted In: Divorce Law
Date: September 19, 2019
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Must married couples be separated for one year before starting the divorce process?

Married couples must wait one year before an uncontested divorce, but can permanently resolve all issues between them much earlier than this....

August 14

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge
Date: August 14, 2019
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Property Division is Permanent

SC Court of Appeals re-affirms the rule that final property division agreements cannot be modified. On August 7, 2019 in the matter of Thompson v Thompson the SC Court of Appeals overturned the Trial Court which had granted relief to the Appellee pursuant to Rule 60(b)(5) of the SC Rules of Ci...

April 10

Posted By: Guy Vitetta
Posted In: Divorce Law , General Knowledge
Date: April 10, 2019
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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
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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
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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
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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...