Legal Advice Archives - Vitetta Family Law

June 13

Posted By: Guy Vitetta
Posted In: General Knowledge , Legal Advice
Date: June 13, 2023
- 0
- 257

Are Prenuptial Agreements always a good idea?

I have been drafting prenuptial agreements for many years, and one that I have done recently has caused me to think a bit more about the point of these documents. A young man had gotten off to a good financial start in life and came to me with just over a million dollars in the […]...

September 09

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law , Family Law , Law Advice , Law Articles , Legal Advice
Date: September 9, 2022
- 0
- 351

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...

January 27

Posted By: Guy Vitetta
Posted In: alimony , Divorce Law , Family Law , Legal Advice
Date: January 27, 2021
- 0
- 795

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...

October 03

Posted By: Guy Vitetta
Posted In: Law Advice , Law Articles , Legal Advice , Litigation
Date: October 3, 2019
- 0
- 1093

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...

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
- 0
- 3588

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 12

Posted By: Guy Vitetta
Posted In: Family Law , Law Advice , Law Articles , Legal Advice
Date: March 12, 2017
- 0
- 2461

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...

February 03

Posted By: Guy Vitetta
Posted In: alimony , Child Support , Collaborative Law , Divorce Law , Legal Advice
Tags: Divorce and Family Law
Date: February 3, 2017
- 0
- 1778

Be Prepared: Divorce is Complicated!

Many people have never had a meaningful interaction with the Court system before a divorce. Usually this is a stressful time, and depending on what they’ve heard from the media, friends, family and rumors, expectations can be unrealistic. Divorce cases are some of the most complicated case...

November 21

Posted By: Guy Vitetta
Posted In: Child Custody , Legal Advice
Tags: child custody
Date: November 21, 2016
- 0
- 1759

Can a parent be denied custody and/ or visitation with a newborn if he or she has a substance abuse problem?

Substance abuse issues are one of the most hotly litigated issues in the family court when it comes to custody and visitation of children. A person who tests positive for the use of illegal drugs or non prescribed drugs will not be permitted to be left alone with a child in almost all situations. ...