Family Law
SC Family Law Blog 
Covers topics such as divorce, custody, child support, financial issues, and other family topics.
Post Frequency: 315/day Last Entry: November 20, 2009 at 01:01:23 Recent Entries: 315
By Ben Stevens
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The "Temporary" Nature of Temporary Hearings
Posted on November 20, 2009This week, I have explained certain aspects of temporary hearings in Family Court cases in South Carolina. One of the things that I explain to all of my clients before these hearings is "No matter what happens, good or bad, this is only temporary...
Tips to Help You Write Persuasively
Posted on November 18, 2009Earlier this week, I discussed temporary hearings and explained how issues are presented as being "black" or "white". Every document prepared for the temporary hearing (including the pleadings drafted by the attorney and the Affidavits drafted by the client and witnesses with the attorney's guidance) should be written with the goal of persuading the Judge to decide in your favor...
Temporary Hearings - Black vs. White
Posted on November 16, 2009In South Carolina, the majority of Family Court cases begin with a "temporary hearing", which is scheduled as a result of one party filing a Motion for Temporary Relief. At this hearing, the Court determines what will happen between then and the final hearing, which is typically held many months in the future...
How to Divide Personal Property in a Divorce Case
Posted on November 13, 2009Some people choose to spend a lot of time, effort, and money fighting over personal property. However, as experienced family law attorneys know, there is a better way to handle those issues. The following post explains a common sense approach to dividing personal property in a divorce (or separation) case: The division of personal property in a divorce can be one of the most expensive, emotional, and wasteful parts of a case...
Do "Uncontested" Divorces Really Exist?
Posted on November 12, 2009I read a very interesting blog post that analyzed the term "uncontested divorce" and I wanted to share it with my readers: Divorce attorneys frequently receive telephone calls from potential clients asking, "What do you charge for an uncontested divorce?" Unfortunately, this question is generally impossible to answer right off the bat...
Should Parents of Obese Children Lose Custody?
Posted on November 06, 2009Childhood obesity can lead to a host of health problems, including Type 2 diabetes, insulin resistance, hypertension, high cholesterol, sleep apnea and orthopedic problems. Experts have begun to debate whether removing morbidly obese children from their parents will boost those children's chances for a healthier life...
Calculating Child Support in South Carolina
Posted on November 04, 2009One of the questions that we are asked most often is how much child support will be in a particular case. Of course, this question comes in several different varieties, including: My friend only pays $X in child support, so why do I pay more? Why does my friend receive so much more child support than I do? If we have joint custody, will there even be any child support at all? As you can see, there is a great deal of misunderstanding and misinformation when it comes to calculating child support in South Carolina...
What Defines A Man?
Posted on November 02, 2009Some men were recently discussing what advice fathers should give to their sons in response to the question, "How do I learn to be a man?' From this discussion arose the words of wisdom below from my friend and fellow blogger, Michael Jeffcoat...
Tips to Help Divorced Parents Make Halloween Fun For Their Children
Posted on October 29, 2009What should you do for Halloween in order for everyone to have a good time, despite the fact that you're no longer living in the same house together as a family? Divorce360.com compiled the following tips from several experts to help with this situation: Keep children informed...
Now Is The Time to Make Sure That Your Holiday Visitation is Specified
Posted on October 28, 2009As the fall air turns crisp and cold and the days grow shorter, we are reminded that the holidays are just around the corner. Thanksgiving, Hanukkah, Christmas Eve, Christmas are often the most celebrated and traditional family holidays, and now is a good time to make sure that you and your co-parent are on the same page...
How to Protect Your Interests When D.S.S. Takes Your Children
Posted on October 26, 2009My firm represents people in cases where the Department of Social Services has removed their children. In fact, I am frequently hired by individuals who want to fight D.S.S. and have their children returned. I am fortunate to have developed a good reputation in these cases over the years...
Guide to Family Law Cases in South Carolina
Posted on October 23, 2009Do You Know the Answers to These Important Questions? Do you need an attorney? What should you consider when hiring a family law attorney? What are the most common mistakes spouses make when divorcing? What can you do to increase your chances of getting custody? How can you help your children during a Family Court case? What mistakes can cost you a fortune? How can you protect yourself before filing for divorce? What steps can you take to reduce the pain and expense of divorce? How can you protect your assets during a divorce? How can you protect yourself when being accused of child abuse or neglect Find out the answers in our free special report 'Guide to Family Law Cases in South Carolina'...
Divorce Can Be Difficult, Even for Professional Broadcasters
Posted on October 20, 2009I explain to my clients that a divorce is like a death – the death of a relationship. As such, everyone deals with it in different ways, with some quickly accepting its reality, while others struggle to accept what is happening. Some might think that a professional broadcaster, someone who talks for a living, would be more comfortable than the average man while testifying at his divorce hearing...
Ten Proverbs for Litigators
Posted on October 16, 2009One of the primary things that family law attorneys do is litigate cases. In fact, we are probably in Court more regularly than attorneys who practice in other areas of the law. My friend and fellow blogger, Andy Arnold, has written an article entitled Ten Proverbs for Litigators...
Importance of Securing Your Data
Posted on October 14, 2009The following article was written to advise attorneys how to keep their data secure, but it also applies to parties in Family Court cases. Many problems can arise from letting the wrong information fall into the wrong hands, so I thought it would be helpful to share this information here...
Tips to Minimize the Difficulties of Divorce
Posted on October 12, 2009Divorce can be one of life's most stressful events, even in the best of circumstances. Some divorces are handled in a fairly civilized manner (Collaborative Law is a great way to accomplish that), but many divorces, unfortunately, are nasty, drawn-out and expensive procedures...
92 Tools to Help Take Care of Your Family
Posted on October 09, 2009As the old saying goes, "mothers know best" and when it comes to taking care of your family that is more often than not the case. Of course, even the best of moms can use a little help and advice from the professionals when it comes to ensuring their family is healthy, happy and prepared in the case of emergency...
How to Find the Right Financial Expert
Posted on October 07, 2009If you are looking to find a financial expert for your Family Court case, consider the following sources: Talk to other litigators who try similar types of cases. Review reporting services that comment on verdicts, rulings and comment on testimony of the experts...
Tips to Help Forget About Your Ex
Posted on October 05, 2009The following tips can help you forget about your ex and get on with the rest of your life: First, don't train yourself to hate your ex so you won't yearn for him or her. Hating your ex causes more problems than it's worth, and hating them could hurt future relationships...
Seven Myths of Divorce
Posted on October 02, 2009Myth 1: Most men cheat on their wives. Actually, the best designed study to date indicates that nearly 80% of men report that they have never cheated on their wives. Myth 2: Most divorcing women are jilted by their husbands. Many studies have corroborated that the great majority of divorces (two thirds to three quarters, depending on the study) are initiated by women...
iPhone App Helps Track Sex Offenders
Posted on October 01, 2009You've probably seen the iPhone commercials which claim "there's an App for that." Now, parents wanting to take extra precautions to keep their children safe can use the Offender Locator app, which provides to access information regarding any sex offenders living within a 10-mile radius of their current location or a specified address...
How to Use Financial Experts More Effectively
Posted on September 30, 2009If you intend to use a financial expert in your Family Court case, you should consider the following five most important aspects: Find the best your case can afford. Usually the cost differential between a pedestrian expert and a very good one is not that great; however, the quality the very good expert brings is far superior...
Five Steps to Post-Divorce Happiness
Posted on September 28, 2009To achieve a positive outlook and keep the emotional baggage from undermining your life after divorce, you should consider the following five steps to achieve post-divorce happiness: Acknowledge that you are grieving and deal with the emotions. Put your children's best interests first...
Meditation for Successful Lawyers
Posted on September 25, 2009The following Guest Post is from retired attorney Sonia Gallagher: As an attorney who practiced in several fields of law in Florida and had my own Law Firm, I know that the law is an unforgiving profession. Being a lawyer requires a commitment of tireless dedication and perfection...
Twitter-Cast of Hot Tips from the Coolest Domestic Law Practitioners
Posted on September 22, 2009As my readers know, I spoke last week at "Hot Tips from the Coolest Domestic Law Practitioners" presented by theSouth Carolina Bar. I also provided live coverage of this seminar via Twitter, and if you were not able to attend the seminar, you can check out the Twitter-cast by clicking HERE...
Ten Best Websites for Family Court Attorneys
Posted on September 18, 2009Today, I am speaking at "Hot Tips from the Coolest Domestic Law Practitioners" presented by the South Carolina Bar. This annual seminar features some of South Carolina 's most experienced and talented Family Court trial attorneys and judges, and I am honored to be presenting the "10 Best Websites for Family Court Attorneys": ISP List – This site contains addresses for the legal departments for virtually all cell phone carriers, internet service providers, social media services, and similar companies to assist in the service of Subpoenas, Court Orders, and other legal documents...
Directory of State-Specific Family Law Blogs
Posted on September 18, 2009Several years ago, I published a list of state-specific Family Law blogs. I am pleased to present an updated list, which is several times larger than the original. There are many state specific blogs related to family law topics, representing 38 states (and several foreign countries)...
The Paperless Law Office
Posted on September 17, 2009This post is aimed at practicing attorneys, particularly those who want to have a paperless office. This month's Law Practice Today webzine from the ABA Law Practice Management Section focuses on how to implement and utilize paperless strategies in law offices...
Ten Tips for Dealing With Divorce Stress
Posted on September 16, 2009Going through a divorce can affect the mental and physical health of the parties involved. the following tips can help you manage the stress that many feel during this life-altering time: Recognize and manage your emotional needs Become physically active...
The Truth About "Uncontested Divorce"
Posted on September 14, 2009The following insightful article was originally published earlier this month at the Florida Divorce Law blog: Contrary to what most people think, uncontested divorce doesn't necessarily mean instant divorce or simple divorce. In fact, it can often take quite a while before parties can come to agreement on all issues...
Seven Excellent Online Security Blogs Worth Subscribing To
Posted on September 09, 2009The issue of privacy, more specifically as it relates to online security, is a hot topic these days. As people use the Internet for more and more of their everyday functions, they want to understand what online security means and how it relates to them...
Basics of Private Investigation in Family Law Cases
Posted on September 04, 2009If you are wondering whether you need a private investigator to assist with your Family Court case or if you've ever just wondered what they do, you should read "Private Investigations - 101" by Bill Mitchell. In this article, he discusses the types of inquiries he receives from potential clients and the ways that he assists attorneys and insurance companies...
Uncontested Divorces in South Carolina
Posted on September 02, 2009What is an "uncontested" divorce? This term can mean different things to different people, but typically it refers to a case in which the parties are not fighting over any issues. In other words, they have already lived apart for over one year and they agree on the following issues: division of the marital assets and debts; child custody, visitation, and support; and alimony...
Guide to Family Law Cases in South Carolina
Posted on September 01, 2009Do You Know the Answers to These Important Questions? Do you need an attorney? What should you consider when hiring a family law attorney? What are the most common mistakes spouses make when divorcing? What can you do to increase your chances of getting custody? How can you help your children during a Family Court case? What mistakes can cost you a fortune? How can you protect yourself before filing for divorce? What steps can you take to reduce the pain and expense of divorce? How can you protect your assets during a divorce? How can you protect yourself when being accused of child abuse or neglect Find out the answers in our free special report 'Guide to Family Law Cases in South Carolina'...
All the Top Family Law News in One Convenient Location
Posted on August 31, 2009Those looking for updates in family law topics now have everything they need in one convenient spot: Alltop's Family Law page. This page includes many popular resources, including Divorce Discourse, Blawg Republic, Google News, and my own South Carolina Family Law Blog...
New Study Says Cohabitation Does Not Increase Chance of Divorce
Posted on August 28, 2009Conventional wisdom has always thought that living together before marriage increases a couple's chances of divorce, and several studies have reached the same conclusion. However, a new study published in the National Council of Family Relations claims that cohabiting allows young people to get to know their potential mates and evaluate compatibility before they commit to marriage...
Empowering Parents Series
Posted on August 26, 2009Over the last several weeks, I have been proud to exclusively present of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT, a pastoral counselor and licensed marriage and family therapist with Pathways Pastoral Counseling in Spartanburg, SC...
Adverse Affects of Female Infidelity on Men
Posted on August 24, 2009A recent article discusses the ways that men can be adversely affected by learning that their wife or girlfriend has been cheating on them in the following areas: shock can affect performance at work and possibly lead to job loss mental stress can make them more susceptible to alcohol or drug abuse health risks due to possible exposure to sexually transmitted diseases potential financial costs for child support and/or alimony risk of unknowingly raising another man's child as your own loss of respect from others and/or self-esteem The author also offers a free report to help recognize the signs of infidelity...
Three Steps to Prepare for a Difficult Conversation
Posted on August 20, 2009Difficult conversations are virtually inevitable when couples divorce. The following steps can help keep those tough conversations productive and not combative: Decide on a realistic outcome. Remember, you and your counterpart may want different things...
Empowering Parents :: Part Seven
Posted on August 19, 2009I have been pleased to bring you the exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT over the last six weeks. Today, I am please to present the final installment, and I want to thank Dr. Kuhne again for allowing me to once again present his series to you on my blog...
How Does Relocation Impact Children of Divorced Parents?
Posted on August 18, 2009We live in a very mobile society today, and it's increasingly common for divorced parents to move away from each other. When children are involved, these types of situations are much more complicated. The ABA General Practice, Solo & Small Firm Division's Law Trends & News recently featured an article which addressed this topic...
Ben Stevens Featured in Article Discussing Social Networking Sites and Divorce
Posted on August 14, 2009South Carolina Lawyers Weekly published the following article last month that discussed the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn, and how that information can be used in Family Court cases...
Empowering Parents :: Part Six
Posted on August 12, 2009I hope that you are enjoying our exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT. Here is part six: Taking Care of Yourself Each issue of this series has been to share some insight, learning, teaching, or idea to help parents address the elements of life in their world with this Empowering Parents series...
Does Living Together Before Marriage Increase the Chance of Divorce
Posted on August 10, 2009A study in the Journal of Family Psychology found that couples who live together before marriage have a higher chance of getting divorced than those who wait until they were engaged or married. It also stated that couples who lived together before marrying reported lower marriage satisfaction, despite the fact that over 70 percent of couples in the United States live together before marrying...
Teens Discuss Divorce
Posted on August 07, 2009So what do teens really think when their parents divorce? The Today Show recently had a panel discussion with nine teenagers addressing such subjects as: When did you know? Did you think it's your fault? Were you relieved when you found out? How did your parents explain the divorce to you? How long did it take you to come to grips with the divorce? It is a very interesting discussion, and I hope that you enjoy it...
Empowering Parents :: Part Five
Posted on August 05, 2009The following is part five of our exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT: Privileged Communication I hope those reading this series are thinking about renewing your marriage and perhaps other relationships...
What Happens When Abused Men Call Domestic Violence Hotlines and Shelters?
Posted on August 03, 2009Over the years, I have been involved in many cases where a husband was physically abused by his wife. I believe that all domestic violence is terrible and should not be tolerated – regardless of whether the victim is a woman or a man...
Guide to Family Law Cases in South Carolina
Posted on August 01, 2009Do You Know the Answers to These Important Questions? Do you need an attorney? What should you consider when hiring a family law attorney? What are the most common mistakes spouses make when divorcing? What can you do to increase your chances of getting custody? How can you help your children during a Family Court case? What mistakes can cost you a fortune? How can you protect yourself before filing for divorce? What steps can you take to reduce the pain and expense of divorce? How can you protect your assets during a divorce? How can you protect yourself when being accused of child abuse or neglect Find out the answers in our free special report 'Guide to Family Law Cases in South Carolina'...
Five Situations When a Prenuptial Agreement is Necessary
Posted on July 31, 2009The following Guest Post is from Kat Sanders: With over 50 percent of marriages that are solemnized ending in divorce, probably the best thing you could do before tying the knot is to finalize a prenuptial agreement. Just because you and your future spouse decide to reach a consensus on how you're going to manage a split, if it does happen, there's no need to feel guilty about sucking the romance out of your relationship...
Empowering Parents :: Part Four
Posted on July 29, 2009Here is part four of the exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT: Renew Your Marriage In the beginning of each new year, we make those useless resolutions to change some aspect of ourselves for 'the better...
Charitable Activities for Families
Posted on July 27, 2009Today's children often grow up in a world of luxury where food, shelter, and education are a given. Getting them involved in charity work at an early age is a great way to make them grateful for what they have and show them how generosity can be contagious...
Attorney's Responsibility for Payment of Service Providers
Posted on July 24, 2009A question recently came before the Alternative Dispute Resolution Section Council as to what a lawyer's responsibilities are regarding payment of mediators in connection with a case. The South Carolina Bar's Ethics Advisory Committee recently answered this question as follows: Question: What are a lawyer's responsibilities regarding payment of service providers (court reporters, surveyors, mediators, etc...
Empowering Parents :: Part Three
Posted on July 22, 2009I am pleased to continue to present the exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT. Here is part three: Parents Who Indulge Too Much In a recent continuing education offering for us therapists sponsored by Cross Country Education, I opened the pamphlet to read the following words describing the upcoming conference entitled: Overindulged Children and Conduct Disorder Treating Overindulgent Families: Overindulgence of children has become a serious issue leading children and teens to conduct disorder symptoms...
Nine Helpful Parenting Tips
Posted on July 20, 2009Even the most experienced parents can learn something from the following tips from Lucille Zimmerman: If you've messed up, let your kids know and ask for their forgiveness. When you teach them how to forgive, they will know how to ask others for the same...
Freedom of Information Act (FOIA) Requests
Posted on July 17, 2009Jeanne M. Hannah has began a new feature at her Updates in Michigan Family Law blog, called "Jeanne's Toolkit", which aims to help both new and experienced lawyers perform certain tasks. The first tool helps you get to the right desk with requests in any state and at all federal agencies under the Freedom of Information Act (FOIA)...
Empowering Parents :: Part Two
Posted on July 15, 2009This is part two of the exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT: Where Does all the Time Go? Yeah, where does all the time go when you think about raising your child/ children. I bet for some of you it seems like it was just yesterday that they were toddlers and now they are teenagers growing up so fast...
Ending Disposable Marriage
Posted on July 13, 2009The recently retired Chief Justice of the Georgia Supreme Court, Leah Ward Sears, wrote a compelling article for CNN.com in which she called for the end of "disposable marriage." Her brother committed suicide, and she suspected that his bitter divorce at least partially contributed to it...
Successful Blogging for Family Law Attorneys
Posted on July 10, 2009As you probably know from reading my blogs, my law practice leverages technology both to help our current and potential clients and also to market our services. Along those lines, I want to thank the ABA Section of Family Law for mentioning me in its May 2009 E-Newsletter, as follows: During a recent interview family lawyer and Mac user Ben Stevens of South Carolina advocates "three C's (commitment, content, and consistency) for the blog to be a success...
Information About Marriage Licenses in South Carolina
Posted on July 09, 2009To get married in the State of South Carolina, you need to obtain a marriage license. The following requirements apply to both residents and non-residents: The bride and groom must appear together at the office of a South Carolina county probate judge and file a written application...
Empowering Parents :: Part One
Posted on July 08, 2009I am pleased to bring you the exclusive online presentation of "Empowering Parents" by Rev. Dr. Trey Kuhne, LMFT. I will publish this seven part series over the next several Wednesdays, and I hope that it is helpful to you. I want to thank Dr...
Free E-Book :: Teen Guide to Divorce
Posted on July 07, 2009The Rosen Law Firm in North Carolina has many great resources on its website. One of the best is "A Teen Guide to Divorce, Surviving Your Parent's Divorce", a free E-Book that helps teens sort through the issues that they often face in these situations...
Facebook No-No's for Divorcing Couples
Posted on July 06, 2009Time.com recently published a list of Five Facebook No-No's for Divorcing Couples. I have seen all of these in my practice at one time or another. If you are divorcing, please consider not doing the following (before it's too late): Showing Off :: Pictures or discussions of new purchases or vacations are fun, but they might color the court's view of your finances and affect your settlement...
Client Criticizes Her Own Lawyer on Twitter
Posted on July 03, 2009Family law attorneys have to have thick skins. Think about it – in virtually every case, one of the parties doesn't like you very much. In contested cases, it can sometimes reach the level of hatred. Recall that I was called "the devil" by a party in open court several years ago...
Seven Signs That Your Significant Other Is Cheating On You
Posted on July 02, 2009I have published several articles recently on the subject of cheating, affairs, and marital infidelity. I recently found the following list of "tell-tale signs" that your significant other is cheating on you. The list is written with the idea that the male is the cheater, but of course the logic applies in both directions: He won't let you see his social media sites...
Listen to Spartanburg Family Lawyer Discuss the "Effect of Economic Downturn on Families"
Posted on July 01, 2009If you are interested in hearing my interview from the South Carolina Business Review about the effect the economic downturn has on families, you can CLICK HERE. This interview was broacast on eight NPR radio stations across South Carolina on June 18, 2009...
Is Cheating Ever Justified or Deserved?
Posted on June 30, 2009I was in a settlement conference recently in which the husband's attorney tried to argue that his client's adultery "was really o.k " because my client had suffered from depression and therefore wasn't a great wife. Of course, I pointed out that was baloney and reminded him of the actual defenses to adultery...
Social Networking Sites Contain Valuable Evidence in Divorce Cases
Posted on June 29, 2009Lawyers USA featured an article late last week about the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn. The article correctly states that these sites have opened up a potential treasure trove of legal evidence, especially in divorce cases where a person's whereabouts, 'friends' and employment status are often relevant...
Who Owns the Engagement Ring? (Part Two)
Posted on June 26, 2009Earlier this week, we examined the issue of who owns the engagement ring prior to marriage if an engagement is broken. In this second part, we look at the issue of who owns the engagement ring after marriage, if the marriage is later dissolved. In South Carolina, 'marital' property can be allocated or divided by the Family Court...
Suggestions to Help Deal With Your Former In-Laws
Posted on June 24, 2009When spouses get divorced, they usually end their relationship with their former in-laws. However, if there are children involved, it is not always easy (or advisable) to do so. Under normal circumstances, children benefit from relationships with both sides of their family...
SC Governor Admits Adulterous Affair
Posted on June 24, 2009After he gained national headlines by being "missing" for five days, South Carolina Governor Mark Sanford reappeared today and admitted at a press conference that he's been having an affair with an Argentinan woman for about a year. As part of his statement given at a press conference, Gov...
Who Owns the Engagement Ring? (Part One)
Posted on June 23, 2009Prior to marriage, an engagement ring is generally treated as a conditional gift, rather than an absolute gift. In other words, the ring was given conditioned upon the subsequent ceremonial marriage. Under Roman Law, if the parties jointly decided to call off the engagement, the ring was to be returned to the donor...
The Impact of Facebook and Other Social Media Sites on Divorce and Custody Cases
Posted on June 22, 2009The impact of social media on the area of family law has been a hot topic recently. I have recently posted several articles about this subject, and this week's Time magazine features an article discussing the impact of Facebook on divorce cases in America...
SC Children's Code and Conversion Table
Posted on June 19, 2009The South Carolina Children's Code has been moved from S.C. Code § 20-7-10 et seq to the newly created Title 63 by virtue of Act. No. 361 of the 2008 legislative session, effective June 16, 2008. Over many years, the Children's Code had become cumbersome and difficult to use, but the new S...
Judge Reprimanded for Facebook and Google Activities in NC Child Custody and Support Case
Posted on June 18, 2009Last week, I posted an article addressing what types of information attorneys can obtain using social media. The following article from the ABA Journal online addresses the types of problems that can arise for judges too: A North Carolina judge has been reprimanded for 'friending' a lawyer in a pending case, posting and reading messages about the litigation, and accessing the website of the opposing party...
Spartanburg Family Lawyer Interviewed About "Effect of Economic Downturn on Families" in Radio Interview
Posted on June 17, 2009As I've previously discussed, the downturn in the economy is impacting families, and the practice of family law. I was recently interviewed by Mike Switzer of the South Carolina Business Review about this subject. You can listen to it tomorrow morning (June 18, 2009) at 7:52 a...
Five Tips for Effective Co-Parenting After Divorce
Posted on June 16, 2009Raising kids with an ex-wife or ex-husband is rarely easy, especially if your split was less than amicable. However, you don't have to let your past affect your current actions towards your children's other parent. Here are some tips that can help you manage a good relationship or just keep things running smoothly: Keep emotions in check...
Online Tool Helps Determine Where to Meet for Visitation Exchanges
Posted on June 15, 2009When divorced parents live close to each other, it's usually easy to determine where to meet to exchange the children. What happens when the parents live far apart, perhaps hours away from each other? If the parents can agree on an area in which to exchange the child, what type of place should they actually meet?Fortunately, there is MeetWays, an online resource that helps people easily find a halfway point between two locations...
Ethical Implications of Obtaining Witness Information on Facebook and MySpace Accounts
Posted on June 12, 2009The increased use of social media has brought with it some interesting ethical questions for attorneys. For instance, consider the question of whether a lawyer can use a third party to obtain information from or about a witness on a site like Facebook or MySpace? The Philadelphia Bar Association's Professional Guidance Committee issued an opinion in March that says the answer is "no...
Keystoke Logging Software
Posted on June 10, 2009Did you know that it's possible for someone to know vir everything that you do on your computer? As I posted last week at The Mac Lawyer blog, keystroke logging software allows you to secretly record all the keystrokes on a computer and surreptitiously send those keystrokes via e-mail to another one...
How to Tell Your Children About The Divorce
Posted on June 08, 2009Children often fear they will "lose" one of their parents in a divorce. Here are a few tips to help reduce that concern when telling your children about your decision to get a divorce: Agree on what you're going to say. You and your spouse should discuss and determine what you are going to say before talking to your children...
Can I Change my Child's Name?
Posted on June 05, 2009Our firm frequently helps clients with issues concerning their children's names. Unmarried parents often want to change the child's birth name - whether to the Father's surname or to the Mother's surname. Married parents sometimes want to change the children's names during or after a divorce, especially if the marriage is of short duration...
How to Communicate During and After the Divorce Process
Posted on June 03, 2009One of the most important tools for making cooperative parenting work and, for that matter, negotiating any issues in a divorce or raising any matters of concern is to discuss them in a reasonable and non-accusatory manner. In her excellent book, "Mom's House, Dad's House," Dr...
The Internet's Best People Search Tool
Posted on June 01, 2009In Family Court cases, it is often necessary to locate or get information about someone, whether a spouse, boyfriend/girlfriend, witness, expert, employer, etc. The internet has made this task much easier, but there are so many different search engines, where should you begin?Lee Rosen recommends the people search engine Pipl...
Spartanburg Family Attorney Interviewed by GSA Business
Posted on May 29, 2009The Mac Lawyer – Family Attorney Turned Apple Guru A Spartanburg-based family attorney is making a name for himself nationally. Ben Stevens is the Mac lawyer, the No. 3 blogger in the American Bar Association Journal's Blawg 100. On April 2-4, he headed two technology seminars at the annual ABA Techshow in Chicago...
Importance of Changing Your Beneficiary on Retirement Accounts
Posted on May 28, 2009Earlier this year, the United States Supreme Court issued an important decision that potentially affects family law cases all across the country. In Kennedy v. DuPont, the Court resolved a dispute between an ex-wife and the her ex-husband's daughter over the proceeds of a savings and investment plan (SIP) that was an Employee Retirement Income Security Act (ERISA) benefit plan...
Your Recession Survival Guide
Posted on May 27, 2009Psychotherapist and parenting expert Jill Spivack has created a recession survival guide to help women develop coping strategies that include how to reduce costs, minimize stress and maintain healthy relationships. Her recommendations include the following tips:Increase physical activity to help relieve stressMaintain a positive attitude and remember you are not aloneCommunicate your feelings to your spouseFigure out solutions and work as a teamExplain the situation to your childrenSpell out what you will (and won't) spend money onThere are many other good suggestions (and much more detail) in the article below, and I encourage my readers to click this link to learn more...
Recession Survival Guide
Posted on May 27, 2009Psychotherapist and parenting expert Jill Spivack has created a recession survival guide to help women develop coping strategies that include how to reduce costs, minimize stress and maintain healthy relationships. Her recommendations include the following tips: Increase physical activity to help relieve stress Maintain a positive attitude and remember you are not alone Communicate your feelings to your spouse Figure out solutions and work as a team Explain the situation to your children Spell out what you will (and won't) spend money on There are many other good suggestions (and much more detail) in the article below, and I encourage my readers to click this link to learn more...
So You Want to Change Your Name?
Posted on May 26, 2009Over the years, we have had numerous cases where our adult clients wanted to change their name for some reason other than divorce. For example, some change their name because they?ve used a different name during their adult years on numerous records other than the name on their birth certificate, and now as retirement approaches, they need to get their records straightened out...
For Child Custody Purposes, Can A Parent Reside in More Than One State?
Posted on May 20, 2009Today, my law partner, Paul MacPhail, addresses the question: whether for child custody purposes, a parent can reside in more than one state?Yes. Relying on a 1975 case, which held that ?? a person may have only one domicile, but may have several residences?, the Court of Appeals in South Carolina has recently issued an opinion that a parent can be a resident of more than one state for purposes of determining what state can modify a custody order...
Guest Post :: Tips to File For Child Custody
Posted on May 19, 2009A divorce is always a traumatic experience, one that involves mood swings, rampant emotions and difficult decisions. But the worst part is the fact that you may be separated from your child/children because you chose to split with your spouse. A battle for child custody is not something you can take lightly, especially if the future and wellbeing of your child depends on it...
SC Family Lawyer in New Orleans, LA
Posted on May 14, 2009I will be in New Orleans today through Saturday attending the ABA Law Practice Management Section Spring Conference at the Hotel Monteleone. As I have mentioned before, I am on the editorial board of Law Practice Today webzine and serve as an advisor on the Technology Core Group, both of which will hold meetings at this conference...
LexBlog Q & A With SC Family Lawyer Ben Stevens
Posted on May 07, 2009Earlier this week, I was interviewed by LexBlog about my two blogs (this one and The Mac Lawyer). If you are interested in learning more about me, how I got into blogging, and the benefits blogs provide, you can read this interview by clicking HERE.Source: "Ben Stevens of The Mac Lawyer and The SC Family Law Blog: LexBlog Q&A" by Lisa Kennelly, published at Kevin O'Keefe's Real Lawyers Have Blogs.
Mother's Day Gift Ideas for Single Moms
Posted on May 07, 2009If you have a friend or family member that is a single mother, you may want to consider one of the following gift ideas for her. Most of these gifts are free, and I'm sure that they would be well received and much appreciated by her:A weekend of baby-sitting...
Three Costly Mistakes to Avoid When Hiring a Divorce Attorney
Posted on May 06, 2009Did you know that when facing a divorce, one of the most important decisions you make is choosing which lawyer to hire? Unfortunately, too many people make the wrong choice and the consequences can be disastrous. Michael D Sherman has written an excellent article on this topic, and the following are summaries of three costly mistakes and ways that you can avoid them: Mistake #1: Hiring a generalist...
Spartanburg Family Lawyer Serves on Faculty of "Law School for Non-Lawyers"
Posted on May 05, 2009The South Carolina Bar periodically sponsors a "Law School for Non-Lawyers" across our state. This seven week series features various attorneys teaching the basic principles of many different areas of law, including criminal, civil, real estate, employment, bankruptcy, and family law...
Importance of Parents Exchanging Healthcare Information About Their Children
Posted on April 30, 2009In child custody cases, each party's parenting skills are frequently a key issue. One particularly important area in which this can be seen is with regard to the children's medical care and health issues. For instance, parents can (and often do) argue over whether a child was taken to the doctor too much, too little, or too late...
How to Tell if Divorce is Adversely Affecting Children
Posted on April 24, 2009For parents with children, negotiating a complicated divorce can leave even less time for the kids, regardless of the custody outcome. No matter what agreement is reached in regards to their care, your added stress will undoubtedly take some of the focus away from their needs...
Out-of-Wedlock Births on the Rise in U.S.
Posted on April 22, 2009Did you know that nearly 40 percent of babies born in the United States in 2007 were born to unwed mothers? The National Center for Health Statistics reports that of 4.3 million total births, 1.7 million were out-of-wedlock births, which marked a more than 25 percent increase from just five years before...
Spartanburg Family Lawyer Featured in "Too Poor for Divorce"
Posted on April 20, 2009As I previously posted, I was interviewed recently on WYFF about the effect that the economy is having on divorces in South Carolina. You can read the text of the story "Too Poor for Divorce" by clicking here, or you can view the video below:
More on "Marital Checkups"
Posted on April 17, 2009Several months ago, I published an article which discussed the concept of having a martial checkup. If you are interested in learning more about this concept, you should click here to check out an article which discusses this concept in greater depth, focusing on the findings of James Cordova, Ph...
College Students Take to Stage to Address Domestic Violence
Posted on April 15, 2009My law partner's oldest daughter recently took place in 'Finding Voice', a production at Converse College about the important issue of domestic violence. This play was quite unique, in that many of the words used on stage come from real domestic violence victims here in Spartanburg County...
DRAFT - debts during sep.
Posted on April 13, 2009Question: The mortgage for my home is listed in the names of both me and my wife. She has a job, and we are living apart and going to get divorced. Can I ask her to pay one-half of the debts and expenses on teh house now? Many of our expenses are a result of our separation and her previously losing her job? Answer: In an action for legal separation or divorce, the Court will divide the marital assets and debts between the two of you in an equitable manner...
How Marital Debts Are Divided
Posted on April 13, 2009Question: The mortgage for my home is listed in the names of both me and my wife. She has a job, and we are living apart and going to get divorced. Can I ask her to pay one-half of the debts and expenses on teh house now? Many of our expenses are a result of our separation and her previously losing her job? Answer: In an action for legal separation or divorce, the Court will divide the marital assets and debts between the two of you in an equitable manner...
What to Do if Your Child is Missing
Posted on March 31, 2009Amy Wood recently published an article with the following tips from the National Center for Missing and Exploited Children if you find your child is missing: Act immediately. Search your home and check with relatives, neighbors, and friends to try and locate your child...
Economy's Effect on Divorce in South Carolina
Posted on March 25, 2009WYFF, our local NBC affiliate in Greenville, SC, ran a story yesterday which analyzed the effect of the economic recession on divorces in South Carolina. I was interviewed for this story, which you can see HERE. I noted that there has been a drop-off in the number of divorce filings over the last fifteen months, which was verified by the South Carolina Judicial Department...
South Carolina Family Law Blogger Featured at Career Counsel
Posted on February 20, 2009Did you know that you can get career advice from South Carolina Bar members on the South Carolina Bar's website? Several Bar members, including Ben Stevens, participated in educational videos containing career advice, information on different types of law and tips for people interested in practicing in those areas...
Talking With Children About Divorce - The Oprah Way
Posted on February 17, 2009The Oprah Winfrey Show recently featured M. Gary Neuman, founder and director of the Sandcastles Program and author of Helping Your Kids Cope with Divorce the Sandcastles Way, who discussed the best ways to help children cope with divorce. According to Mr...
International Child Custody Disputes
Posted on February 11, 2009What happens when a married parent leaves with a child to a foreign country, and refuses to return? It happened to David Goldman, and for 4 ½ years, he was not allowed to see his son. In that time, his wife divorced him in a foreign country, remarried, and died, leaving Mr...
Ben Stevens Featured in Lawyers USA Article
Posted on February 03, 2009As most of my readers know, I also publish a blog (The Mac Lawyer) about legal technology issues. The national legal newspaper, Lawyers USA, published an article yesterday which features an interview with me about the advantages Macs offer over PCs...
"A Divorce Fast" = "A Divorce Wrong"
Posted on February 02, 2009South Carolina Lawyers Weekly reported in its January 19, 2009, edition that "A Divorce Fast" has withdrawn its business from South Carolina after numerous complaints from its customers and an investigation from our state Attorney General's office...
Can SC Grant a Divorce if You Were Married in Another State?
Posted on January 26, 2009Question: Can South Carolina grant me a divorce if I was married in North Carolina? Answer: The State in which you were married does not have anything to do with the State in which you can get divorced or separated. If both you and your spouse have lived in South Carolina for more than three months (or either one of you for over a year), then SC will have jurisdiction to address your separation/divorce case.
Can You Include Hearsay in Affidavits Filed at Temporary Hearings?
Posted on January 02, 2009The South Carolina Bar recently issued Ethics Advisory Opinion 08-14, which addresses whether an attorney can including information in affidavits for temporary hearings. Specifically, the issue was whether an attorney can file affidavits in support of ex parte requests or temporary hearings that include hearsay or information that is not based on the witness’s personal knowledge...
South Carolina Bar Releases Statement in Response to Suspension of Legal Fees for Court-Appointed Attorneys
Posted on December 31, 2008You might not know that attorneys in South Carolina are appointed to represent indigent persons in various types of legal matters, including abuse and neglect cases filed in the Family Court by the Department of Social Services. Most attorneys are appointed to handle at least ten (10) such cases each and every year, and some of these cases last well over a year themselves...
What If I Don't Want A Divorce?
Posted on December 30, 2008Question: I have been married four months, and I love my husband completely. We have had our share of arguments, and he has now told me that he wants a divorce. I do not want to divorce, because I think our problems are fixable and are not uncommon in marriages...
Merry Christmas
Posted on December 24, 2008I want to wish all my readers a very Merry Christmas and best wishes for a happy and successful New Year.
Is It Time for a Marital Checkup?
Posted on December 17, 2008The following Guest Post is from Julie Thompson: Earlier this month Good Morning America presented a report called “Do You Need a Marital Checkup?” It cited the research of James Cordova, Ph.D., associate professor of psychology at Clark University in Worcester, Massachusetts...
Is It Time for a Marital Checkup?
Posted on December 16, 2008pstrongemThe following Guest Post is from a href="http://www.rootsandwingsworkshops.com/aboutus.html"Julie Thompson/a:/em/strong/p pEarlier this month a href="http://abcnews.go.com/GMA/"Good Morning America/a presented a report called ldquo;a href="http://abcnews...
Debts Can Be Marital Even If Incurred After You Separate
Posted on December 15, 2008Question: Can I be held responsible for debts incurred by my spouse after he moved out? He has been using an open line of credit, and I am concerned as to what problems could arise. Answer: It is possible for you to be held responsible for debs incurred by your spouse after you have separated...
Family Financial Planning for a Happy Holiday Season
Posted on December 08, 2008Being in the midst of holiday season, I thought that the following article from child development expert Gary Direnfeld would be helpful to my readers. He explains that the following family financial planning strategies can help reduce the risk of gift disappointment and overwhelming bills this Christmas season: Be honest and forthright with teenaged children about your financial and employment concerns, without trying to instill fear...
South Carolina Divorce or Annulment of Marriage Form Revised
Posted on December 04, 2008The Office of Public Health Statistics and Information Services (PHSIS) has revised the South Carolina Report of Divorce or Annulment of Marriage form (DHEC 0682). The revised form has a revision date of 02/2008 and will be implemented statewide on January 1, 2009...
Separation Anxiety: 5 Ways to Help Your Children Cope with Divorce
Posted on December 01, 2008The following Guest Post is from Maya Richard: While divorce proceedings may pose a great burden upon parents, they often have a disproportionate affect upon children, who may not fully understand the process. Parental separation can fundamentally shift a child's nascent world view, requiring careful steps to ensure that children are able to soundly cope with the divorce...
What Is Your State Supreme Court Doing to Promote Marriage?
Posted on November 26, 2008From this week's ABA Journal Weekly Newsletter: A Georgia Supreme Court commission is so concerned about the impact of broken families that it is sponsoring a dozen billboards throughout the state with the message “Get Married, Stay Married...
What Evidence Can You Discover on Social Networking Sites?
Posted on November 24, 2008These days, it seems as though people are increasingly putting themselves online. On sites such as Facebook, MySpace, and Twitter, they regularly publish information about their personal and professional lives, many times in intimate detail. As Dan Berexa recently pointed out in "Social Networking Sites Can Provide Key Evidence" on his Tennessee Law Blog, these sites "can be treasure troves of evidence relating to parties or witnesses...
What the Court Staff Can and Cannot Do For You
Posted on November 21, 2008People attempting to represent themselves in Family Court cases will sometimes ask the Court staff for help with various issues. Over the years, I have overheard these pro se litigants ask virtually every question imaginable of the Clerk of Court's staff...
How to Establish Boundaries With Your Former Spouse
Posted on November 19, 2008Many times, interaction with your former spouse doesn't end just because you get divorced. In fact, if you have children, you are almost guaranteed to have to interact with your former spouse whether you want to or not. In some situations though, former spouses can take advantage of each other, which can create resentment and bitterness...
Financial Issues to Consider Before You Get Married
Posted on November 17, 2008Divorce attorneys resolve financial issues when marriages end. What if there were steps that you could take to protect yourself much earlier, perhaps even before you get married? Consider the following suggestions from Alexis Martin Neely, who bills herself as "America's Personal Family Lawyer": Taxes :: Remember that your marital status for the whole year is determined by whether you are married on December 31st and plan accordingly...
Google Makes Voice and Video Chats Available to Everyone in Gmail
Posted on November 14, 2008As mentioned today at my The Mac Lawyer blog, Google announced earlier this week that it added video and voice chat capability to Gmail, making a great product that much better. Now, anyone with a Gmail account can chat with virtually anyone else -- for free...
Five Don'ts During a Divorce
Posted on November 12, 2008Today, I am pleased to present the following Guest Post from Kelly Kilpatrick: A divorce is a complicated procedure, legally, financially and emotionally. It’s up to you to make the process as smooth as possible in order to prevent unnecessary stress and expenses...
Is Equal Parenting Time Harmful to Children?
Posted on November 10, 2008In Austrailia, under the Shared Parental Responsibility Act, there is a presumption since 2006 that "equal shared parental responsibility" is in the best interests of a child. Both parents are legally bound to jointly attempt to make "major long-term decisions" about their children's care, welfare and development...
The Top Five Problems That Contribute to Divorce and How to Deal With Them
Posted on November 07, 2008In my opinion, one of the very best family law bloggers is Michael Sherman of the Alabama Family Law Blog. All of his posts are intelligent, well written, and thought provoking. Fortunately for him, Michael is blessed with a very successful practice, but that's unfortunate for his readers because he is not able to post as many articles as we'd like...
Vote Today - With Your Child
Posted on November 04, 2008Today is election day, and it is an historic one. Our country will either elect its first minority President or its first female Vice President. No matter which candidate you support, I sincerely hope that you will exercise your right to vote today and that you will take your children with you when you do...
Grandparents' Visitation and the Law
Posted on October 31, 2008The ABA Law Trends & News recently published an excellent article by Aaron Larson which examines the issue of grandparents' rights with regard to visitation. This article gives the background and current state of federal law with regard to this issue, particularly in light of the U...
Miscommunication in Communication
Posted on October 29, 2008The following article is from one of our regular guest columnists, Dr. Trey Kuhne: As many of you may already know, good communication is one of the key elements in a happy marriage and functional family system. Good communication is not just a necessity in families...
Paying the Opposing Party's Attorney's Fees
Posted on October 27, 2008One of questions that family law attorneys are most frequently asked is some variation of "Can the other party be required to reimburse me for my attorney's fees and costs?" or "Will I be required to pay the other side's attorney's fees?" Many times, each party will pay his or her own attorney's fees ...
Couples Communication Workshop Scheduled in Spartanburg, SC
Posted on October 24, 2008If you want to improve your communication with your significant other, you might be interested in an upcoming communication workshop that will be conducted here in Spartanburg by Julie Thompson of Roots and Wings Workshops and Coaching, Inc. on November 7-8, 2008...
Divorce and Estate Planning
Posted on October 21, 2008This past summer, Robert Kisselburgh published the following article on his Mississippi Family Law Blog: When you divorced, did you modify your estate plan? For many couples going through divorce, the focus is on the divorce process and its aftermath...
Bigamous Marriage Can't Be Validated by Subsequent Annulment
Posted on October 17, 2008The South Carolina Supreme Court recently addressed the issue of whether a bigamous marriage can become valid if the prior marriage was annulled. In Lukich v. Lukich, the Court found that a second marriage was bigamous, despite the annulment of the wife's first marriage, because the annulment was not procured until after the second marriage ceremony...
SC Family Lawyer in Tucson, AZ
Posted on October 15, 2008I am heading to Tucson, AZ today to attend the American Bar Association Law Practice Management Section Fall Meeting at the The Westin La Paloma Resort. I was recently appointed to serve as an advisor to the Technology Core Group and a board member of the Law Practice Today webzine, and both of these groups will hold meetings at this conference...
Equitable Division of Marital and Non-Marital Assets and Debts
Posted on October 13, 2008One of the newer family law blogs is the Florida Family Lawyer Blog, which is published by Koch & Trushin, P.A. in the Miami area. The articles published on their blog appear to be very well written, and it's great to have yet another quality resource available on the web...
List of Divorce Blogs to Help Get Through Difficult Times
Posted on October 10, 2008If you or someone you know are facing family law issues, you may want to check out the list of blogs compiled by Laura Milligan. Her list was compiled "with the intention of helping out other separated and divorced individuals as they try to make sense of child custody issues, international divorces, dealing with grief and moving on, and more," and it is divided into the following categories: For Women For Men Legal Advice Dealing With Divorce Moving On General Advice Go - To Resources Source: "50 Divorce Blogs to Find Advice and Comfort in Hard Times" by Laura Milligan...
10 Clues to Recognize Online Affairs
Posted on October 08, 2008Noted private investigator, Bill Mitchell, Seven Day Detective, published an article last week explaining ten clues that can indicate that your spouse may be having an online affair. I have listed Bill's tips below, but you should click the link below to visit his blog for much more information about each of these items: If your spouse or partner spends excessive time surfacing the internet...
What Type of Family Law Attorney Do You Really Need: Lamb, Pit Bull, or Fox?
Posted on October 06, 2008Potential clients often want to know "what type of lawyer" we are. What they are really wondering is "are you aggressive enough" for them (whatever that might mean in that person's mind). The problem is that the vast majority of the time, potential clients don't really know what type of lawyer they truly need for their case...
Free Collaborative Divorce Guide Now Available
Posted on October 03, 2008I have posted in the past about the benefits offered by the collaborative divorce approach. As you will recall, this approach was invented in 1990 as a better way to resolve divorce cases, as opposed to battling in court. Collaborative divorce is a dispute-resolution alternative in which both spouses and specially trained collaborative lawyers negotiate the settlement outside of court (along with neutral financial and/or mental-health professionals), with an agreement that the parties must retain new attorneys before filing a contest divorce action...
Establishing Credit After Your Divorce
Posted on October 01, 2008Divorce can be a scary time, particularly for those that do not have a financial credit history. For instance, consider the situation where one spouse has not worked in quite some time and all of the credit accounts have been listed in the other spouse's name...
Are There Sentencing Guidelines in Family Court?
Posted on September 29, 2008Question: Does the Family Court have any sentence guidelines or limits on how long a person can be sent to jail for failure to pay child support? I have heard that six months was the maximum sentence. Answer: There are no "sentencing guidelines" in Family Court, and the punishments imposed for contempt issues can vary from Judge to Judge and case to case...
Inactivity / Lack of Posts
Posted on September 22, 2008I wanted to let my readers know that the lack of posts last week and this week are due to my being involved in a very complex child custody case that is being tried this week in Greenville County, South Carolina. Please bear with me, and I will resume my regular posting schedule once this trial has completed.
Can a Child Be Treated as a Dependent of Both Parents for Tax Purposes?
Posted on September 15, 2008Revenue Procedure 2008-48, released by the Internal Revenue Service, describes the circumstances under which it will treat a child of parents who are divorced, separated, or living apart as the dependent of both parents. These circumstances are very specific, and they deal with §§ 105(b), 106(a),132(h)(2)(B), 213(d)(5), 220(d)(2) and 223(d)(2) of the Internal Revenue Code when the custodial parent has not released the claim to the exemption for the child under § 152(e)(2)...
100 Tips and Resources to Help You Through a Divorce
Posted on September 04, 2008If you are facing a separation or divorce, you should read the article by Christina Laun, which contains 100 tips and resources. Some of her tips are listed below, along with a listing of the other categories covered in this excellent article. Accept that it’s over...
Failure to Pay Child Support Does Not Justify Denial of Visitation
Posted on September 02, 2008Question: I am currently behind on child support, and my ex-husband tells me I can't see my son because the Court Order states that my visitation is at the discretion of the father and since I remarried outside of our race I can't see him. I have already served a six month sentence for being behind on the child support and I am now even more behind...
Can One Parent Hide A Child From The Other Parent?
Posted on August 29, 2008I recently had someone ask me (a) whether a mother can move her child away from South Carolina without letting the father know the child's whereabouts and (b) whether there would be any consequences for her doing so. My initial response was simply to shake my head in disbelief that someone could even ask such a question...
When Can I File For A Divorce?
Posted on August 27, 2008Question: My husband left about three month ago, and he and I haven't had any contact since then. How long must I wait before I can file for divorce? Answer: If you have only been separated for 90 days, then neither of you can file for a divorce yet, unless one or more of the fault grounds (adultery, alcohol/drug abuse, or physical abuse) are involved...
What Is the Impact of Dating and Adultery After You Are Separated
Posted on August 25, 2008Question: I have been separated from my spouse for 4 months. I would now like to start dating again. If I do so, can my spouse pursue a divorce from me based on adulery? I am concerned because I don't want to lose my house...
I Was Served With Divorce Papers, What Do I Do Now?
Posted on August 22, 2008Question: My wife's attorney recently served me with papers seeking a contested divorce. I now live in a different state from my wife. My wife knows that I have already retained an attorney in the same state in which she lives, but her attorney served the papers on me anyway instead of sending them to my attorney...
Can I Change My Child's Last Name to My New Married Name?
Posted on August 20, 2008Question: I have custody of my child, and we live in South Carolina. The child's father lives in another state, and he pays child support and visits with our child. Our child was given my maiden name as his last name when he was born...
Nine Ways to Guarantee That You Will Have a Divorce from Hell
Posted on August 18, 2008Some people are just determined to make divorce as painful and unpleasant as possible. Cristi Trusler of the excellent Austin Divorce Help blog published an article containing the following traits and characteristics that these types of people display...
What If I Cannot Afford to Pay the Mortgage Like the Divorce Decree Requires?
Posted on August 15, 2008Question: In our divorce, I was ordered to sell our marital home and to pay all of the expenses for it until it is sold. Will I be held in contempt of court if I can't afford to make the payments and the house goes into foreclosure? Answer: Yes, you can be held in contempt under those circumstances...
Do Divorces Increase as the Economy Worsens?
Posted on August 13, 2008According to an article recently published in The (Montreal) Gazette, divorce rates increase as the stock market plunges. The article offers many different explanations, it seems that the key explanation is that the lack of money during bad economic times highlights problems in an already troubled marriage...
What Should You Do If The Other Parent Refuses Your Visitation?
Posted on August 11, 2008Question: This is the weekend that I am scheduled to have visitation with my children. If the children's mother does not bring them, should I try to have her held in contempt of court? Should I file a police report, or what else can I do to help me with proof in court? Answer: If the Mother does not comply with the visitation requirements set forth in your Order, then you can (and probably should) consider filing a contempt action to enforce the Order...
Save Your Credit After You Divorce
Posted on August 07, 2008Earlier this week, I published an article which explained ways to protect your finances before your divorce. This post contains more excerpts from the article published Ask The Advisor which looks at the impact of divorce on credit, specifically with regard to your finances and your credit history...
Protect Your Finances Before You Divorce
Posted on August 05, 2008Going through a divorce can be one of the most significant financial events that you will experience in your life. Not only is a divorce the breakup of an interpersonal relationship, it is also the end of a financial relationship. The excellent financial information blog Ask The Advisor published an article which takes a close look at the impact of divorce on credit, specifically with regard to your finances and your credit history...
Creating an "Immoral Environment" by Living With Your Boyfriend/Girlfriend
Posted on July 30, 2008Question: In South Carolina, if you live with a boyfriend/girlfriend while you are separated from your spouse, will it impact custody or visitation? Answer: Most judges take the position that living with your lover, particularly while you still married to someone else, creates an "immoral environment", which is not in the best interest of the children...
Do You Have to Use a Private Investigator to Prove Contempt of Court?
Posted on July 24, 2008Question: I want to file a contempt action to prove that someone is violating a Court Order. If I have someone take pictures to help prove this violation, does that person have to be a licensed private investigator? Answer: Evidence of a violation of a court order can come from anyone with first-hand knowledge...
Guest Post :: Using LifeJournal in Divorce and Child Custody Cases
Posted on July 18, 2008The following is a Guest Post from Ruth Folit, President of Chronicles Software, which explains how their program LifeJournal can be utilized to help you in your Family Court case: Do you want to your win your divorce or custody case? Divorce lawyers tell us that keeping good notes is key to winning your case...
Protecting Your Business in a Divorce
Posted on July 16, 2008When one or both spouses own a business, things can get very complicated very quickly in a divorce or separation case. For instance, unless the parties can agree on the value of the business (which is extremely rare), one or both parties must hire an expert witness to conduct a valuation...
How Accessible Is Your Lawyer?
Posted on July 14, 2008One of the most common complaints clients make about their attorneys is that they are difficult to reach. I hear this over and over from potential clients seeking to change lawyers. These complaints range from the failure to return telephone calls promptly enough to the attorney being completely impossible to reach for days or weeks on end...
Can You Lose Custody Because You Live With Your Boyfriend?
Posted on July 11, 2008Question: I have been told that since I am unmarried and live with my fiance', the Court will give custody of my child to her father who never sees her. How can that be? Answer: First, you should be careful as to believing what "others" may tell you, as only your attorney can give you accurate advice specific to your particular case...
Online Resource for Children Whose Parents Are Divorcing
Posted on July 09, 2008KidsHealth.org has published a website, A Kid's Guide to Divorce, which contains lots of helpful, therapeutic information for children of divorcing families. As you might expect, the information presented at this site is clean and simple. Some of the topics covered are: What Is Divorce? Kids Can't Cause Divorce! Kids Can't Fix Divorce! But I Feel Like My Whole World Just Fell Apart! Life After Divorce When To Speak Up The FutureIf you are going through a divorce, you should check it out to see if it is right for your kids...
The Top Ten Myths of Divorce
Posted on July 07, 2008Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages...
What Questions Should You Ask When You First Meet With A Divorce Lawyer?
Posted on June 30, 2008From The Oregon Divorce Blog: If you are contemplating divorce, you should consult with an experienced family law attorney. Once you set up a consultation, be prepared for the first meeting, and have a list of questions to ask the lawyer. The following questions should help you understand the divorce process, how your lawyer’s office operates, and if the lawyer is a good fit for you and your case...
Credit Card Payments After Divorce
Posted on June 27, 2008From the Minnesota Divorce and Family Law blog: When a couple gets divorced, and the divorce decree makes one spouse responsible for credit card debt (or other debt), the other spouse should not have to worry about the credit card company contacting them for payment, right? Wrong...
Parents Should Put Their Children First in Family Court Cases
Posted on June 25, 2008I see it happen all too often. Parents get caught up in the heat of battle and lose sight of what is really important in their case -- their children. Sometimes, the desire to "win" takes over and their responsibility as parents to look out for their children's best interests takes a backseat...
Ten Signs That Your Spouse Is Having an Online Affair
Posted on June 23, 2008Adultery is still one of the leading causes of divorce in South Carolina, and many of these affairs begin online. Noted private investigator Bill Mitchell has published an article discussing the following 10 Clues of An Online Affair: Your spouse or partner spends excessive time surfacing the internet...
The Bad Housing Market's Impact on Divorce Cases
Posted on June 13, 2008The housing market is terrible these days. In fact, it is so bad that some couples who want to divorce are faced with the difficult and unpleasant decision to (a) postpone their separation/divorce until the housing market rebounds, (b) continue to reside together during the divorce because neither can afford to move until the house sells, or (c) sell the house now for much less that it may be worth...
Importance of Documenting the Details
Posted on June 11, 2008In Family Court cases, one cannot overstate the importance of being able to prove your allegations. Many of these cases are "he said / she said", so having the ability to give specific detail is particularly important. In contested cases, I encourage my clients to keep journals for me so that we can later document specific dates and times that important events occurred...
Can You Keep Your Child's Grades Away From Your Ex-Spouse?
Posted on June 09, 2008The following insightful article was originally published at The Orsini & Rose Divorce and Family Law Blog: Question: I was given sole custody. I know that means I have full control over where my child goes to school, goes to church, goes to the doctor, etc...
Three Years and 800 Posts
Posted on June 08, 2008This month marks the 3rd anniversary of the SC Family Law Blog. In addition, I have now published over 800 posts on this blog. I began this blog as a service to people facing problems and challenges in their lives due to divorce, separation, child custody, visitation, child support, adoption, alimony, etc...
Search Spartanburg County Jail Records Online
Posted on June 06, 2008The Spartanburg County Detention Facility recently introduced a new feature on its website to enable anyone to search its online records (including mug shots) of its inmates. You can search alphabetically or by booking date. These records are updated regularly, and they are searchable back to September of 2007, whether the inmate is currently incarcerated or not...
The Main Reasons People Divorce
Posted on June 04, 2008Why do people get divorce? Though every couple's relationship is different, the reasons that they split up usually are not as varied as you might think. I came across an article which listed five main reasons of divorce, and I would concur that these encompass the vast majority of all divorces: Communication Problems...
Software to Assist With Parenting Issues
Posted on June 02, 2008From the "Tech Corner" of last month's ABA Family Law Section's eNewsletter: Parenting Plan TechnologyWhen you hear the term "timeshare," you might first think of real estate or condos in Las Vegas. But in the realm of family law, timeshare often refers to the time a child spends with each parent...
Asking Your Spouse for a Divorce
Posted on May 23, 2008NBC's Today Show featured a story this week on asking your spouse for a divorce, which included interviews with lawyers, counselors, and divorced spouses. If you or someone you know is considering separating or divorcing, it is well worth viewing...
Things That Judges Hate
Posted on May 19, 2008Judges are particularly annoyed by lawyers (and their clients) who: ignore the rules of court; fail to prepare; arrive late; repeat themselves; act rudely; make frivolous arguments; mislead the court; argue with the judge; refuse to talk settlement; and request a last-minute continuance...
Importance of Post-Divorce Parenting
Posted on May 16, 2008A new study appears in a recent issue of the Journal of Marriage and Family found that for children of divorce, what happens after their parents split up may be just as important to their long-term well-being as the divorce itself. Children who lived in unstable family situations after their parents divorced fared much worse as adults on a variety of measures compared to children who had stable post-divorce family situations...
Technology and Divorce
Posted on May 14, 2008MyFox Chicago aired a report last week on the ways that new technology has worked its way into divorce cases. The description for their report is listed below Going through a divorce has rarely been easy. But these days, high-tech tracking devices are making it easier than ever for things to get ugly...
The "Respectful" Divorce
Posted on May 12, 2008Sometimes even the best marriages don't work out and divorce becomes inevitable. However, that does not mean that war must also inevitable. For instance, consider the current divorce case by actor Robin Williams. Mr. Williams and his wife have agreed to have a "respectful" divorce...
Tips to Help Blended Families Succeed
Posted on May 09, 2008Parenthood sometimes isn't all it's cracked up to be - especially for step-parents, who are often the unsung heroes of blended families. These step-parents face multiple challenges, as they frequently must deal with rejection and parent effectively while preserving a loving relationship with his/her spouse...
Your Family's Financial Plan: Are You Prepared in Case of a Family Catastrophe? (Part Three)
Posted on May 01, 2008Over the last few months, I have been pleased to publish “Your Family’s Financial Plan: Are You Prepared in Case of a Family Catastrophe?” by Aimee Waite, a Financial Advisor with Raymond James & Associates. If you missed them, please be sure to read part one and part two...
SCFamilyLaw.com Says "Go Tigers!"
Posted on April 26, 2008The South Carolina Family Law Blog is proud to once again sponsor a youth baseball team (the Tigers) in the Hillbrook 7-8 year old spring baseball league. I am our team's head coach again this year, and it looks like we have a great group of kids...
Bitter Ex-Spouse Targets Local Politician
Posted on April 24, 2008A local candidate for County Council finds himself the target of public accusations of breaking up another man's marriage. The husband claims that the politician had an affair with his wife, and he has been driving a truck around town with a large placard that says "__ WHO IS RUNNING FOR COUNTY COUNCIL DIST...
New Appellate Case Addresses Importance of Voluntary Parental Consent in Adoption Cases
Posted on April 21, 2008The South Carolina Supreme Court recently decided a case that addressed the importance of obtaining voluntary parent consent in adoption cases. This case also included a thorough discussion of the relinquishment law in our state, particularly when compared with that of surrounding states...
The YouTube Divorce Video
Posted on April 17, 2008The news media is abuzz this morning about former actress and playwright Tricia Walsh-Smith's YouTube video in which she rants about her divorce case. Apparently, she is upset that she signed a pre-nuptial agreement, and she has chosen to air all of her husband's dirty laundry in public via YouTube...
South Carolina Supreme Court Updates Financial Declaration Form
Posted on April 16, 2008Pursuant to an Administrative Order issued on April 2, 2008, the South Carolina Supreme Court drastically overhauled the Financial Declaration that must be filed in Family Court cases. This is the first significant change to the Financial Declaration form in almost twenty years...
Which Parent Can Claim the Child as a Dependent on His/Her Income Tax Returns?
Posted on April 14, 2008From The Oregon Divorce Blog: Clients often come to me asking whether they or their ex-spouse/unmarried parent of their child can claim their joint child as a dependents for tax purposes and receive the dependent tax exemption. They often think that this is a decision that is up to them and attorneys often use it as a bargaining chip...
Your Family's Financial Plan: Are You Prepared in Case of a Family Catastrophe? (Part Two)
Posted on April 11, 2008Several weeks ago, I published part one of “Your Family’s Financial Plan: Are You Prepared in Case of a Family Catastrophe?” by Aimee Waite, a Financial Advisor with Raymond James & Associates. Today, I am pleased to bring you part two...
Federal Income Tax Principles Related to Divorce
Posted on April 10, 2008As you are aware, tax filing day (April 15th) is next week, and the following article from the Chicago Family Law Blog provides an excellent analysis of several important issues that divorcing couples face. Prior to filing for divorce, various federal tax considerations should be reviewed due to their potentially profound implications...
Tips to Help You Get a Fair Divorce
Posted on April 09, 2008The following tips can help you get a fair divorce and save you a great deal of time, stress, and money: Once you have made the difficult decision to end your marriage, begin to focus on the financial issues as soon as possible. Get a good attorney to ensure you receive an equitable settlement, and get the best attorney that you can afford...
Pro Bono Resources from the South Carolina Bar
Posted on April 07, 2008What does Pro Bono mean?Many South Carolina lawyers offer their services for free (pro bono) to clients who cannot afford to pay for help with civil legal matters. These matters include family, housing, bankruptcy or probate matters. How do I qualify for pro bono assistance?You must meet federally established poverty guidelines...
Researcher Says Women Lawyers Have Higher Divorce Rates and Need Loving Husbands
Posted on April 06, 2008A researcher has found that young female lawyers and other women professionals have slightly higher divorce rates than their male counterparts. Law professor Robin Fretwell Wilson of Washington & Lee University is the author of the study. She says her study indicates that "women can't have it all because there is a social stigma to having or being a stay-at-home spouse...
Tips for Better Presentations
Posted on March 27, 2008This week's eNewsletter from the ABA Section of Family Law contained the following article of tips for better presentations. I believe that these tips can assist any lawyer in making more effective presentations. Note: The article focuses on PowerPoint, but I believe that Apple's Keynote is far superior in every way (and most experts seem to agree)...
SC Family Lawyer at ABA TechShow
Posted on March 14, 2008As many of my readers know, I believe in the use of technology to improve the practice of law and delivery of legal services to my clients. Toward that end, I frequently speak at legal technology seminars, and this year I am speaking at the ABA TechShow currently being held in Chicago, Illinois...
New Online Legal Resource for Children
Posted on March 03, 2008The South Carolina Bar's Law Related Education Division has launched LawForKids.org, America's first stand alone web site dedicated to teaching children about the law. The Site was made possible by collaboration with the Arizona Foundation for Legal Services and Education and an IOLTA grant from the SC Bar...
Good Advice for Parents
Posted on February 18, 2008The following article is from one of our regular guest columnists, Dr. Trey Kuhne: A few months ago, a friend sent this to me through the email. I am uncertain who the original author is but was moved so much by it that I thought it might be an encouragement to parents who wonder if their children are ever watching them or not? It is called “When you thought I wasn’t looking...
Valentine's Day Tips to Stay Happily Married
Posted on February 14, 2008The superb Stay Happily Married blog has published a podcast in which ten noted marriage counselors share their top tips to help you stay happily married for another year. The podcast can easily be downloaded or you can listen in the provided pop-up player...
What You Can Learn from the Britney Spears Saga
Posted on February 13, 2008Hofstra Law Professor Joanna Grossman has taken a careful, scrutinizing look at the Britney Spears case and used it as a backdrop to discuss what everyone should know about family law cases in general and child custody cases in particular. It is a very interesting read, and here are some of the lessons she discusses: Courts, not Divorcing Parents, Ultimately Decide Custody Parental Behavior Matters in Custody Battles The Paparazzi Are Not the Only Ones Watching Your Every MoveSource: "Britney Spears: Why She Lost Visitation Rights, and What Her Case Teaches Us About Family Law" by Joanna Grossman, published at FindLaw...
S.C. Supreme Court Takes Closer Look at Orders for Protection
Posted on February 12, 2008The South Carolina Supreme Court issued an important decision today regarding cases heard under the Protection from Domestic Abuse Act. This statute set forth in S.C. Code § 20-4-10 et seq enables victims of domestic violence to seek an "Order for Protection" to prevent such future abuse...
Common Mistakes for Parents to Avoid on College Financial Aid Applications
Posted on February 08, 2008The beginning of every new year also begins "financial aid season" for those parents whose children will attend college in the fall. Considering how expensive colleges have become and the amount of financial aid that can be gained (or lost) through this process, parents should educate themselves as much as possible about this process...
How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps (Part 3)
Posted on February 06, 2008This is final installment in our exclusive online presentation of "How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps" by Rev. Dr. Trey Kuhne, LMFT. I would like to again thank Dr. Kuhne for allowing me to present his series to you on my blog...
Child Support Enforcement Information from the Spartanburg County Clerk of Court
Posted on February 05, 2008Last week, the Spartanburg County Clerk of Court released a welcome orientation letter that answers some common questions about child support enforcement. For instance, this letter specifies which caseworkers have been assigned to particular files, and it indicates that a hearing may be scheduled if the payor becomes three consecutive payments behind...
Things NOT to Do During Your Divorce
Posted on February 04, 2008The following information is from the The Oregon Divorce Blog:Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer...
Your Family's Financial Plan: Are You Prepared in Case of a Family Catastrophe? (Part One)
Posted on February 01, 2008Today, I am proud to present part one of “Your Family’s Financial Plan: Are You Prepared in Case of a Family Catastrophe?” by Aimee Waite, a Financial Advisor with Raymond James & Associates. I want to thank Aimee again for allowing me to publish her series, and I hope that my readers find it enjoyable and informative...
Your Family's Financial Plan: Are You Prepared in Case of a Family Catastrophe? (Preview)
Posted on January 31, 2008I am pleased to announce that my blog is now the exclusive online home for a new series, “Your Family’s Financial Plan: Are You Prepared in Case of a Family Catastrophe?” by Aimee Waite, a Financial Advisor with Raymond James & Associates...
How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps (Part 2)
Posted on January 30, 2008This is part two in the exclusive online presentation of "How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps" by Rev. Dr. Trey Kuhne, LMFT. Thanks to Dr. Kuhne for allowing me to once again present his series to you on my blog...
New Appellate Decision Discusses Notice in Interstate Adoptions
Posted on January 29, 2008The South Carolina Supreme Court issued a decision earlier this week that is important for those involved with or interested in adoptions, particularly as to the issue of notice. In this interstate adoption case, appellants John and Jane Doe directly appealed from two South Carolina Family Court Orders, both of which the Court reversed and remanded...
Divorce on the Basis of Desertion
Posted on January 28, 2008One of the five grounds for divorce in South Carolina is desertion. The elements that must be proved to get a divorce on the ground of desertion are: No cohabitation for one year; Intent of person that left not to resume cohabitation; Absence of consent by the other person; and Absence of justification for the separation...
Insist Upon Your Right to Visit Your Child
Posted on January 24, 2008I found the post below from Brent Rose to be very interesting. He makes a great point in a very unusual and compelling way. I hope that this post makes my readers think about this issue as well. There's something I like about both the NRA and the ACLU...
How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps (Part 1)
Posted on January 23, 2008I am pleased to bring you the exclusive online presentation of "How to Be Told by Your Children That You Are So Not Cool in 12 Easy Steps" by Rev. Dr. Trey Kuhne, LMFT. I will publish this three part series over the next few Wednesdays, and I hope that it is helpful to you...
Remarriage After Divorce
Posted on January 22, 2008Question: How long do I have to wait after my divorce before I can legally remarry? Answer: There is no mandatory waiting period in South Carolina that one must wait after a divorce, so as soon as you are legally divorced, you are able to remarry...
Parenting Tips for Divorced Parents
Posted on January 21, 2008The following tips can help divorced parents work better together in matters pertaining to their children: Try to make your dealings with your child's other parent as pleasant as you can -- even if he or she doesn't. If your ex knows how to get under your skin and uses this knowledge unfairly, resolve to keep your cool anyway...
Reasons That Courts Allow Children to Be Around Your Former Spouse's New Love Interest
Posted on January 16, 2008When parents divorce, they usually do not want for their child to be around their former spouse's new boyfriend / girlfriend. In fact, one of the most common questions that family law attorneys are asked is whether this is permissible, with the assumption being that they are not...
Was Mom Mean or Caring?
Posted on January 14, 2008A mother in decided to sell her teenager's car after discovering alcohol in it. When she purchased the car for her son, she set two rules: no alcohol and keep it locked. She did not buy her son's explanation that a passenger had left the alcohol, and the self-described "meanest mom on the planet" placed the following classified ad in The Des Moines Register: OLDS 1999 Intrigue...
Study Finds That Divorce Does Not Change Parenting Behavior
Posted on January 11, 2008A new study is challenging the notion that parents who divorce exhibit a diminished capacity to parent in the period following divorce. This large study conducted by the University of Alberta has found that divorce does not change parenting behavior, and that there are actually more similarities than differences in parenting between recently divorced and married parents...
When Can an Existing Child Support Amount Be Increased or Decreased?
Posted on January 10, 2008Question: When can a parent ask the Court to modify an existing amount of child support? Does it make a difference if the person is seeking an increase or decrease? Does it matter if the parent that is paying has made all of the required payments and has made all of the payments on time? Answer: In order to modify any issues pertaining to the child (including child support, custody, visitation, etc...
Guidelines for Guardians ad Litem in Family Court
Posted on January 09, 2008A Guardian ad Litem (GAL) is a person lawfully invested with the power and charged with the duty of protecting a minor child’s interests during Family Court litigation. Have you ever wondered what qualifications and training someone must have to be able to serve as a Guardian ad Litem in Family Court? If so, or if you are curious as to the specific duties that GALs have in such cases, you should check out the "Guidelines for Guardians ad Litem for Children in Family Court" which was recently revised by the Children’s Law Committee of the South Carolina Bar...
Dating After Divorce
Posted on January 09, 2008Many divorced or divorcing people wonder how and when to reveal their prior marriage to a new love interests. Christie Hartman, a Denver psychologist and author of Dating the Divorced Man: Sort Through the Baggage to Decide If He's Right for You, gives the following advice: If you are going through a divorce, tell the person you are dating pronto...
Factors to Consider When Selecting a Divorce Lawyer
Posted on January 07, 2008Robert L. Mues of the new Ohio Family Law Blog has published two excellent articles that examine the factors that one should consider when trying to select the “right” divorce lawyer. You should read Part 1 and Part 2 of his series for more details, but his list includes the following items: Experience Past Client References Professionalism, Reputation and Integrity Lawyer’s Website Communication and Access Multi-Disciplinary Approach The “Hot Potato Shuffle” Guaranteed Results How Much Will the Divorce Cost? Fees Source: "How to Select a Divorce Lawyer Pt...
Interesting Interview With Georgia Divorce Attorney
Posted on January 04, 2008From The Atlanta Journal-Constitution:The new Grinch? Nah. Just a lawyer (no, they're not the same thing) who's famously discreet about his famous clientele. So don't expect juicy tidbits about the high-stakes unhitchings of Jane Fonda, David Justice or Marianne Gingrich (ex-Mrs...
Visitation When Your Former Spouse Has A Live-In Girlfriend
Posted on January 03, 2008Question: I have been divorced for several years. My Divorce Decree states that neither party can have the persons of the opposite sex spend the night when the children are present. My ex-husband now wants to move in with his girlfriend...
Ways to Help Provide a Dependable Structure for Your Children
Posted on December 21, 2007I have really enjoyed this week's series, which has focused on "Helping Your Child Cope With Divorce," and I hope that it has provided some helpful tips and useful information for parents who are divorced. Children can benefit from consistency, and the following tips will help you provide your child with a dependable structure: Make, communicate, and consistently enforced reasonable family rules...
Ways to Help Build Your Children's Self-Esteem
Posted on December 20, 2007Children whose parents divorce sometimes suffer damage to their self-esteem, even when both parents act appropriately. The following steps can help build children's self-esteem: Give your child a sincere compliment when you see him/her doing well or being good...
Ways to Help Make Visitation Changes More Pleasant
Posted on December 19, 2007This week, I am highlighting excerpts from "Helping Your Child Cope With Divorce." One of the main areas in which problems arise for divorced parents is that of visitation exchanges. As a family law attorney, hardly a week goes by that I don't have to deal with this particular issue...
Ways to Help Children of Divorce Ease Their Longing for the Other Parent
Posted on December 18, 2007When parents divorce, children usually end up living primarily with one parent. When a child has been close to both parents, it is normal for the child to miss one parent when with the other parent. The following steps can help ease the children's longing for the other parent: Encourage your child to telephone the other parent, care for the other parent, and have photos of the other parent in his/her room...
Ways to Help Children Overcome Their Fear Resulting From Divorce
Posted on December 17, 2007Yesterday, I noticed a brochure at my church called "Helping Your Child Cope With Divorce" that contains good, practical advice for parents who want to help their children in such situations. This week, I will feature excerpts from this brochure, which I believe will benefit my readers, even those who are not particularly religious...
Top Five Divorce Mistakes to Avoid
Posted on December 13, 2007When you get a divorce, you are not only ending a relationship with your spouse, but you are also dealing with financial issues and time with your children. This process can be stressful, lengthy, and expensive, but with a little planning, you can avoid the following five common -- and costly -- pitfalls: Being Unprepared Not Seeking Financial Advice Asking for the House Rushing to Court Failing to Untangle Your Assets You can click here to read much more information about each of these potential mistakes...
Good Advice for People Facing Divorce
Posted on December 12, 2007Consider the following good, common sense advice:If you’re like most people facing divorce, you have more questions than information. Even if you and your spouse have agreed on all of the terms of your divorce, you’ll have to follow specific legal procedures to formally terminate your marriage...
Formal Discovery vs. Informal Discovery
Posted on December 10, 2007In many family law cases, it becomes necessary to obtain information from the opposing party. Since you are, in effect, "discovering" facts about the other side's case, this process is called discovery. Gerald O. Williams of the Minnesota Divorce and Family Law blog wrote the following article which compares formal vs...
Top Ten Things To Do Before Your Divorce
Posted on December 07, 2007There is no substitute for planning, and planning for your divorce can make the process go smother, lower your lawyers fees, and help ensure you emerge on the other end of the case ready to move forward, and with the least amount of emotional and financial damage...
Income Tax Filing Status and Divorce
Posted on December 06, 2007Your marital status on the last day of the tax year determines your income tax filing status for that tax year. If you have a final decree of divorce as of December 31, you can file as single, or you may qualify for head of household status. However, if your divorce is not yet final as of December 31, you can file jointly or married filing separately...
Social Security Benefits and Divorce
Posted on December 05, 2007A divorced spouse is generally eligible to collect Social Security benefits based on the ex-spouse’s record of work and earnings, said Lita Epstein, author of The Complete Idiot’s Guide to Social Security and Medicare, but it’s not automatic and you should contact the Social Security Administration to see if you’re eligible...
Online Videos Address Modern Divorce Issues
Posted on November 19, 2007Several months ago, CBS' The Early Show took at look at "changes taking places in modern divorces." Their report focuses on the advantages offered by mediation as opposed to traditional litigation, and it includes three to five minute videos included on the following topics: Fight-Free Divorce Divorce Among Senior Couples Preventing A DivorceIf you are interested in these topics, it is worth spending a few minutes reviewing these videos...
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Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
I am an only daughter, and my brother will not give me my mothers jewelry that she wanted to go to me . Can I sue to get what is rightfully mine?
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