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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

Researcher Says Women Lawyers Have Higher Divorce Rates and Need Loving Husbands

Posted on April 06, 2008
A 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, 2008
This 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, 2008
As 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, 2008
The 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...

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Good Advice for Parents

Posted on February 18, 2008
The 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, 2008
The 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, 2008
Hofstra 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, 2008
The 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, 2008
The 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, 2008
This 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, 2008
Last 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, 2008
The 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, 2008
Today, 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, 2008
I 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, 2008
This 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, 2008
The 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, 2008
One 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, 2008
I 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, 2008
I 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, 2008
Question: 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, 2008
The 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, 2008
When 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, 2008
A 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, 2008
A 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, 2008
Question: 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, 2008
A 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, 2008
Many 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, 2008
Robert 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, 2008
From 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, 2008
Question: 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...

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