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  Divorce is a challenging and emotional process, and one of the complexities it brings is the division of marital assets and debts. In South Carolina, as in many other states, marital debt is subject to equitable distribution. This means that any debts acquired during the marriage will be divid...

How the marital residence is titled doesn't necessarily determine who is entitled to the property during a divorce.

An overview of how to appeal a decision from a temporary hearing in South Carolina

Your goals at a temporary hearing in South Carolina family court will drive the determination of who to ask for an affidavit.  An attorney can help you to identify the issues to present to the Court and the best people to ask for supporting affidavits.  

Tips for preparing your affidavit for a temporary hearing in South Carolina

  Financial Declarations in Family Court  As a family law firm in Charleston, South Carolina, we understand that divorce can be a stressful and emotional time for families. However, it's important to remember that financial declarations are a vital aspect of the divorce process, and failing to ...

What is a temporary hearing?  If you're going through a divorce or a custody case in South Carolina, you may be wondering what a temporary hearing is and what it entails. A temporary hearing is a hearing that is usually held at the beginning of a divorce or custody case to get a set of rules in ...

Financial declarations are vital to an evaluation of your finances during a divorce in South Carolina and are required by the Court whenever finances are at issue, such as in cases where child support, spousal support, and property and debt division are at issue. This article gives some tips for preparing your financial declaration.

Can I pay my legal fees with marital funds in a Charleston divorce? Divorce in South Carolina can be an emotional and financially challenging experience. One of the challenges that many individuals face is how to pay for legal fees associated with the proceedings. Oftentimes, people may wonder...

What do I need before I file for divorce in Charleston? Filing for divorce in Charleston, Berkeley or Dorchester Counties?  Filing for divorce can be a daunting experience, and there's a lot that goes into it. When you're preparing to file for divorce in Charleston, Berkeley, or Dorchester Coun...

Do I really need a Guardian ad Litem?  When parents separate or divorce, the most critical issue is usually who will have custody of their children. It can be an intense and emotional process, and the court has to make sure that the children's needs and interests are prioritized. A court may ap...

Below is an interesting article about the makeup of the South Carolina Supreme Court and how the sausage gets made https://www.propublica.org/article/how-south-carolina-ended-up-with-all-male-supreme-court

Custody and Visitation are 2 different things.  What is the difference between custody and visitation? As a family law firm in South Carolina, we understand that navigating divorce and child custody can be a difficult and complicated process. One of the most commonly misunderstood aspects of c...

What rights do fathers have to custody? In South Carolina, the law on father's rights in custody cases is relatively gender-neutral. The court considers the best interests of the child in determining custody, which means that both parents have equal rights to custody, absent any evidence showin...

A good read about finding your way back to yourself after divorce.  One of the hardest things about going through a divorce is figuring out who you are after it's all over.  This article held my interest to the very end -- and I think the author's experience is one that many divorced people hav...

What the Judge must consider The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

This is a subtitle for your new post Going through a custody case can be a very challenging and emotional experience for both parents and children. One essential aspect of ensuring that the best interests of the child are met is finding the right child therapist. A child therapist can provide th...

Sometimes in Family Court, a party makes allegations or brings a case that he or she simply can't prove. Though it is a court of equity, the law does apply in Family Court, and in order to succeed when you've filed a lawsuit in Family Court, you must be able to prove all of the elements of the la...

What is Alimony For?   Alimony is meant to keep the person who receives it in the same position he or she was in during the marriage, as nearly as possible. This means, for example, that if you weren't taking fabulous vacations during your marriage, you're not going to get enough spousal support ...

If you'd like to handle your own divorce or have child support set or modified, the South Carolina judicial department has forms available to help. Filing for your divorce The judicial department has provided forms and instructions for self-represented litigants in South Carolina.  The judicial w...

While South Carolina has not specifically ruled on the question of whether student loans incurred by a spouse during the marriage are marital or non-marital, our general provisions regarding the allocation of debt during equitable distribution can and should apply. As restated by our Court of App...

First, know that the best thing you can do for your child is to get him or her a good attorney. The Public Defenders' Offices in South Carolina are a good place to start, if you cannot afford an attorney for your child. If you do not qualify financially for an appointed attorney, you will likely ...

The recent case of Noojin v. Noojin, decided by the South Carolina Court of Appeals in July 2016 provides guidelines for custodial parents whose child is protesting visitation with the non-custodial parent. The mother in Noojin was found to be in contempt of court for failing to facilitate visita...

Generally, there is a presumption in favor of a biological parent having custody of his or her child. The South Carolina Supreme Court has long recognized a biological parent's superior rights over those of third parties with regard to custody, in the absence of a showing that the biological pare...

There are 13 statutory factors the court must consider in awarding alimony. South Carolina Code § 20-3-130 provides: (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in ...