Law Advice Archives - Vitetta Family Law

October 08

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice
Date: October 8, 2019
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- 264

Dividing up marital property: what’s not on the table?

All property acquired during a marriage in South Carolina is considered the property of both parties, except… The term “property” in South Carolina domestic relations law does not simply refer to the house, sofa, kitchen utensils and automobiles. It also refers to retirement accoun...

October 03

Posted By: Guy Vitetta
Posted In: Law Advice , Law Articles , Legal Advice , Litigation
Date: October 3, 2019
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- 271

Restraining Orders

This Tip will explain the various types of “Restraining Orders” available to protect vulnerable people from violence and abuse. MAGISTRATE COURT: This is a restraining order issued by a local county Magistrate that prohibits any and all contact with another person for Harassme...

September 25

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice , Litigation
Date: September 25, 2019
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- 283

Keeping divorce fees down

Divorce cases can be very expensive, but the proper use of a mental health professional can help keep the costs reasonable and provide an opportunity for a litigant to make informed, reason decisions. ...

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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- 808

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...

November 12

Posted By: Guy Vitetta
Posted In: General Knowledge , Law Advice
Date: November 12, 2017
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- 774

Is Collaborative Family Law right for you?

Collaborative Law can be a useful, efficient and inexpensive method to resolve a family law case. While Collaborative Law has many benefits, it is prone to abuse and parties are cautioned to engage in this process only upon careful consideration of all options. Collaborative Law is best used in fa...

March 12

Posted By: Guy Vitetta
Posted In: Family Law , Law Advice , Law Articles , Legal Advice
Date: March 12, 2017
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- 1152

Overturning a Final Judgement In Family Court

Disclosure of information is critical in contested Charleston Family Law matters. In certain instances failure to disclose information during litigation can lead to the reversal of a later judgement. Several years ago I was served with a motion demanding to overturn a Charleston Family Law final...

January 19

Posted By: Guy Vitetta
Posted In: Child Custody , Family Law , General Knowledge , Law Advice
Tags: child custody, termination of parental rights
Date: January 19, 2017
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Can the Family Court terminate the parental rights of an incarcerated inmate?

Andrew Myers was serving a prison sentence in Virginia. Prior to his incarceration his girlfriend became pregnant with their child and she gave birth after he was incarcerated. At some point, Social Services became involved and the child was removed from the mother’s home and placed in foster care...

June 22

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Divorce Law , General Knowledge , Law Advice
Tags: Family Court
Date: June 22, 2016
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- 1879

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 ...