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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: 3.5/day

Last Entry: April 01, 2011 at 10:30:41

Bigamous Marriage Can't Be Validated by Subsequent Annulment

Posted on October 17, 2008
The 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, 2008
I 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, 2008
One 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, 2008
If 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...

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10 Clues to Recognize Online Affairs

Posted on October 08, 2008
Noted 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, 2008
Potential 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, 2008
I 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, 2008
Divorce 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, 2008
Question: 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, 2008
I 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, 2008
Revenue 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, 2008
If 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, 2008
Question: 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, 2008
I 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, 2008
Question: 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, 2008
Question: 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, 2008
Question: 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, 2008
Question: 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, 2008
Some 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, 2008
Question: 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, 2008
According 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, 2008
Question: 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, 2008
Earlier 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, 2008
Going 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, 2008
Question: 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, 2008
Question: 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, 2008
The 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, 2008
When 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, 2008
One 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, 2008
Question: 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...

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