Divorce Law Archives - Vitetta Family Law

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...

March 13

Posted By: Guy Vitetta
Posted In: Divorce Law , Family Law , Finances , General Knowledge
Date: March 13, 2019
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Keeping Legal Fees Down in Domestic Relations Cases

Divorce cases can be some of the most expensive legal disputes in which most people will be involved. Fixed fees can keep their costs under control. The billable hour has become the norm in legal billing, but it wasn’t always this way. There was a time when a person went to the lawyer, told th...

June 18

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Divorce Law , Family Law , General Knowledge , Law Advice , Legal Advice
Tags: Charleston divorce lawyer
Date: June 18, 2018
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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...

March 15

Posted By: Guy Vitetta
Posted In: Divorce Law
Tags: divorce, divorce attorney, divorce lawyer
Date: March 15, 2017
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Family Law Considerations for Dating Before the Divorce is Final

Charleston Family Law divorce cases can take a long time. While the legal process plods along, many people want to know when it is advisable to live (and especially to date) as if they are no longer married. Consider the following to avoid problems from “dating too soon”. When is a Di...