How to “Calculate” Alimony
For many of us, the North Carolina and South Carolina alimony statutes create more confusion than guidance. ...
The South Carolina “stepparent adoption” statute provides solutions for single parents.
Most people know that a stepparent can adopt their new spouses children when the facts permit. However the South Carolina adoption statute states that “……… any person may adopt a child to whom he is related by blood or marriage.” Consider the following: A one night stand,...
Can a same sex couple be common law married in South Carolina?
Common law marriage was ended in South Carolina July 24, 2019. This only applies prospectively. In other words, all claims of common law marriage that existed prior to July 24, 2019 are still valid claims. But South Carolina prohibited same sex marriage until Obergefell v. Hodges, 576 U....
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...
Can parents withdraw their consent to the adoption of their birth child?
When a person signs their consent to place a child up for adoption, as long as their consent was done properly, it will be very difficult to take back. This past January the South Carolina Supreme Court reversed the adoption of a child due to problems with the biological parent’s attempts to...
Can a United States citizen be extradited to the United States from a foreign country for failing to pay child support?
When a person fails to pay court ordered child support a hearing is scheduled in the Family Court to determine if this person is in Contempt of Court. Contempt of Court requires a finding that a person has the ability to comply with a court order and has willfully chosen to disobey it. A person [&he...
Collaborative Family Law for Cases involving Mental Health Issues in Charleston SC
In a recent Charleston Family Law consultation, the prospective client was newly separated from her mentally ill spouse and wanted to use Collaborative Practice to help her family reach resolution. Mental health issues are endemic in Divorce cases and Charleston Family Law is no exception. Some ...
Mediating your Divorce: Take your Family Law Attorney with you
Mediation is often an effective option for resolving issues in separation and divorce. It is more affordable takes less time, and focuses on solutions rather than filing a case and “going to Court”. Family members seeking to divorce have the option to just hire a mediator to resolve ...