Accounting For Special Equity In Divorce Litigation
"A special equity interest is created when one spouse’s direct or indirect contributions increased the value of the other spouse’s non-marital property."...
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...
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...
Four Keys To Dividing Marital Assets In Divorce
“You can’t always get what you want, but if you try sometimes, you just might find, you’ll get what you need”. As the song goes, so does the reality of marital asset division in family court. Equitable does not mean 50-50. Equitable means dealing fairly and equally with all concerned. Wh...
Dividing a 401k in a South Carolina Divorce case
In a South Carolina Divorce case all property acquired during the marriage is subject to equitable division. The South Carolina Equitable Apportionment Act sets forth the requirements a judge must follow when dividing marital assets. The South Carolina Equitable Apportionment Act states that all pr...
South Carolina Divorce and the Financial Declaration: What you need to know.
The Financial Declaration is a critical document in all South Carolina divorce cases. Failure to take it seriously could lead to big problems. Rule 20 of the South Carolina Rules of the Family Court set out the requirements for the filing of a Financial Declaration in a South Carolina Divorce case...
Dividing Non Martial Property In Divorce: Can It Be Done?
Marital property is all property acquired by a married couple during their marriage, regardless of how the property is titled. But what about property owned by a person prior to the marriage- will this also be thrown into the mix? Property owned prior to a marriage is generally going to be the separ...
SETTLYD: Raising The Bar In Resolving Family Law Financial Issues
Cloud based Settlyd entered the Family Law Software market 3 months ago and has made its mark by giving Family Law Attorney’s an improved way to efficiently gather, organize and analyze financial issues in all family law matters. As one of the two developers of the Settlyd software application, we...