family court litigation

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...
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Divorce lawyer

Can a sperm donor claim parental rights if the recipient/donee and her spouse divorce?

This question was recently addressed by an unpublished NC Appellate Court opinion filed on May 17, 2022 in McLane v Goodwin-McLane and Peackock. Plaintiff McLane and Goodman-McLane (recipient) were married and Peackock was the sperm donor.  All three entered into a written contract where t...
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family law

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...
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