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Family Law

SC Family Law Blog

Covers topics such as divorce, custody, child support, financial issues, and other family topics.
By Ben Stevens

Post Frequency: 4.6/day

Last Entry: May 21, 2013 at 08:30:58

Does the Internet Strengthen Marriage?

Posted on May 21, 2013
A surprising study discussed in the Wall Street Journal linked a connection to the internet to an increase in marriage rates. Surprisingly, the study found that marriage rates among young couples, which had been on the decline for years, are actually between 15 and 30 percent higher than they would be without the existence of...

Failure to Pay Child Support on the Increase ? Possibly Leading to Jail Time

Posted on May 20, 2013
Several articles have appeared in newspapers across the country discussing parents who have fallen behind on their child support payments. Not only have the parents accumulated substantial arrearages, but several are now facing jail time as a result of their actions ? sparking a discussion about whether this approach helps or hurts the situation...

Open a Bank Account and Support the Upstate Fatherhood Coalition

Posted on May 17, 2013
The Upstate Fatherhood Coalition is a non-profit organization whose sole mission is to help fathers overcome barriers which may be present in their lives which prevent them from being a responsible and involved father in their children?s lives. They have locations in Spartanburg and Greenville, South Carolina, but serve fathers from all the surrounding counties...

What Is the Impact of Divorce on Social Security Benefits?

Posted on May 16, 2013
Many spouses wonder what the consequences would be on their Social Security benefits if they were to get divorced. Experts at the AARP and the Social Security Administration provide this information: If you are age 62-plus, were married 10 years or more, and are currently unmarried (and you are not entitled to receive a higher benefit based on your own work), you...

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The Impact of Divorce on Children?s Costs for Higher Education

Posted on May 15, 2013
When going through a South Carolina divorce, couples find themselves stretched thin both emotionally and financially. The costs of getting divorced, paying for a South Carolina family law attorney, alimony, child support, along with the burdens of establishing a new household with extra bills and extra responsibilities can be not only tiring, but expensive...

Equitable Division of Assets in South Carolina

Posted on May 14, 2013
Most people understand that during a divorce or separation, property and debts must be divided. In South Carolina, the judge hearing your case in Family Court will divide all of your marital assets as equitably as possible. This does not always mean an even split, but it often involves taking the assets of one party and...

Top 10 Ways to Ruin Your Child Custody Case

Posted on May 13, 2013
Child custody cases are complicated, even for experienced family law attorneys. There are things that clients can do to ruin their own cases. At times, it seems as though some parents are their own worst enemies. Kevin Hickey recently published the following article which uses humor to try to help people avoid sabotaging their own custody cases: Pardon the...

Is ?Nesting? After Divorce a Good Idea?

Posted on May 10, 2013
The New York Times recently published an article on their parenting blog discussing the idea of ?nesting? after a divorce and asked whether their readers thought it was a good idea. The topic provoked a heated response from many, with readers divided on the subject...

Five Ways to Use Technology to Help Bond with Your Children

Posted on May 09, 2013
Have you considered all of the many ways that you can use your smartphone, tablet, computer, or social media to promote closer bonding with your children? The following tips can help you do just that: Exploration :: The most magical thing about literature has always been its ability to provide a way for everyone to explore life,...

Are You on the Hook for Your Spouse?s Business Debt?

Posted on May 08, 2013
A recent Fox Business article discussed a fairly common situation where a couple was facing divorce and the husband owned his own business. The wife worried that the credit cards he was using for business expenses might become a problem for her, lowering her credit score or becoming her responsibility in the event that her...

Items to Consider in Parenting Plans and Visitation Agreements

Posted on May 07, 2013
Children typically aren’t the ones who ask their parents to divorce, but they are often the ones that are affected the most by divorce. They want (and deserve) the ability to love and spend time with both of their parents. Parenting plans (sometimes called visitation agreements) can help provide that opportunity and ensure that access...

Rules for Proper Electronic Etiquette During Divorce

Posted on May 06, 2013
Electronic communications can get a lot of people in trouble. Mindlessly sending messages via text, email, or social networking sites without thinking has come back to haunt many people ? increasingly, many people going through the process of divorce...

Do You Want an ?Aggressive? Lawyer or an ?Effective? One?

Posted on May 03, 2013
When it comes to lawyers, particularly ones who practice in Family Court, “aggressive” does not always equal “effective”. Everyone loses when an attorney acts aggressively merely for aggression’s sake. This concept is well illustrated in the following except of an article written by my friend, Stephan Futeral, who is an attorney in Charleston, SC and Chief Architect...

South Carolina Legislature Considers Shortening Waiting Period for Divorce

Posted on May 02, 2013
Under current South Carolina law, a couple wanting to divorce must live separate and apart (i.e., not in the same home) for at least one year, unless there has been no adultery, alcohol/drug abuse, or physical cruelty. Under a bill that is currently pending in our House of Representatives, the wait time for a “no fault”...

Top 10 Things Not to Do When Starting a Divorce Case

Posted on May 01, 2013
There are numerous articles on my blog and elsewhere with recommendations about things you should do when facing a separation or divorce. The following recommendations from my friend, Dick Price, provide excellent advice about what you should avoid doing in that situation: Don’t destroy records, including emails and other electronic information...

Tips For How To Handle A Custody Evaluation

Posted on April 30, 2013
Last week we discussed what happens when a custody evaluation is ordered in a Family Court case. In contested cases where parents cannot agree about custody and/or visitation issues, judges may require that a psychologist sit down with everyone involved and determine what arrangement would serve the child?s best interest...

Questions to Consider When Asking ?Should I Separate Or Divorce??

Posted on April 29, 2013
A recent article discussed the question some couples face after months (or years) of fighting ? should we separate or divorce? The question is an important one, given how much the decision will ultimately impact the lives of those involved. While divorce can be a welcome relief for some couples, no one wants to rush into...

Pregnant Man in Arizona Plans to Appeal Denial of His Divorce

Posted on April 26, 2013
An attorney who represents Thomas Beatie, a transgender man in Arizona who gave birth to three of his children after changing his sex from female to male, has been denied a divorce. The Arizona judge said that state laws do not recognize same-sex marriage and that he is not allowed to grant a same-sex divorce...

List of Items to Consider for Parents Who Are Separating or Divorcing

Posted on April 25, 2013
Responsible parents realize that nothing is more important than the well-being of their children, and they keep that in mind even when they separate or divorce. In a perfect world, parents would put aside their differences and squabbles and act civilly and responsibly around their children and towards one another...

The Importance of Intellectual Property in a Divorce

Posted on April 24, 2013
Everyone?s read stories about some of the nasty fights that go on when celebrities divorce. The cases can become bitter fast and can stretch on for far longer than necessary. Sure, the couples are fighting about money and children and custody time, but one of the subjects that celebrities often fight over, and that even...

What?s the Difference Between a Custody Evaluator and a Guardian Ad Litem?

Posted on April 23, 2013
In South Carolina, when a Family Court Judges want to assess the best interests of children in a divorce, they often appoint a Guardian ad Litem (GAL). When there are more serious issues of psychological condition and the well being of a child is in doubt, a custody evaluator may be brought into the case...

South Carolina Man in Hot Water for Forging Divorce Documents

Posted on April 22, 2013
Just last weekend agents with the South Carolina Law Enforcement Division filed charges against a 45-year-old man from Summerville who allegedly forged important legal documents. Just what were these legal papers? Divorce papers. The man, Edward Brown, sent the divorce papers to his girlfriend to try and convince her that he was divorced and that...

North Carolina Senate Considers Two-Year Waiting Period For Divorce

Posted on April 19, 2013
North Carolina lawmakers recently took a surprise step when a measure was proposed to create a waiting period of two years for those couples considering divorce. Beyond the wait, the bill would also require couples to undergo marriage counseling before being granted a divorce...

Florida Senate Votes to Overhaul Spousal Support Laws

Posted on April 18, 2013
The Florida Senate recently passed important divorce legislation that would drastically change how spousal support is handled in that state. The law, backed by the group known as Floridians for Alimony Reform, would end permanent alimony and allow for long divorced couples to reopen their divorce settlements and change long established financial arrangements...

Understanding the True Value of Retirement Assets Is Key to Equitable Division of Assets

Posted on April 17, 2013
South Carolina, unlike some states, is not a ?community property? or ?50/50? state, but rather follows the ?equitable distribution? model, which means the Family Court weighs many factors in dividing the marital assets and debts when spouses separate or divorce...

What Does ?Exclusive Possession of the Former Marital Home? Mean?

Posted on April 17, 2013
In South Carolina, when people separate or divorce, one spouse is typically awarded ?exclusive use and possession? of the marital home. This is usually implemented at a temporary hearing soon after the parties separate, but it is subject to change at the final hearing...

Facebook Post Leads to Deadbeat Dad?s Arrest for Failure to Pay Child Support

Posted on April 16, 2013
As previously discussed, people say and do stupid things on Facebook. More importantly, experienced attorneys are finding and using evidence obtained through Facebook posts more frequently, particularly in family law cases. Using a person’s own words (or photos) against them can be particularly damaging, especially when it harms their credibility by exposing their lies...

Tips to Help Prepare for a Child Custody Case

Posted on April 15, 2013
Child custody cases are complicated under the best of circumstances. The more you can do to improve your chances of a successful outcome, the better. Remember, there?s no ?reset? switch on a child custody investigation, so it?s vital that you know what to do before the process begins...

Do Celebrities Really Divorce More Often Than The Rest Of Us?

Posted on April 12, 2013
Though we all hear about celebrity divorces on a near constant basis, it?s hard to tell through all the blaring headlines whether celebrities really divorce at a quicker rate than the rest of us. After all, the press is likely only highlighting the most ridiculous or sensational cases, not taking into account all the other,...

What Not To Do With Your Child During Visitation

Posted on April 11, 2013
This probably goes without saying, but having your nine year old daughter act as your designated driver during your weekend visitation with her is not a smart idea. Apparently, however, one guy was not aware of this: “Dad Charged With Child Abuse” The saddest part of all of this is that from the story, it truly...

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