Family Law

Retreat, Recover, Restart

Posted on September 20, 2010
Over the fifteen years that I have been practicing family law, I have had the opportunity to observe a large number of people going through marital difficulties. Everyone reacts differently, as their situation and the challenges they face are unique...

Tips to Help You Through Your Divorce

Posted on September 16, 2010
In my opinion, high quality family law attorneys try to help their clients get through the divorce process and to emerge in the best possible condition.  Toward that goal, consider the following tips to help you get through your divorce: Maintain a cool head...

Divorce Insurance?

Posted on September 14, 2010
Is there such a thing as divorce insurance?  Unbelieveably, the answer is "yes".  A company called Safeguard Guaranty Corporation has begun selling such policies.  Of course, there are many strings attached, such as who can purchase the policies and a forty-eight month waiting period before you can file any claims...

Ben Stevens Featured in Forbes' Cloud Software Article

Posted on September 09, 2010
Forbes published an article last week which analyzed how today's lawyers are using web-based software.  This article contains real world examples of how several attorneys, including me, utilize SaaSprograms into their day-to-day law practices...

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Ben Stevens Elected Chair of SCAJ Family Law Section

Posted on September 02, 2010
Spartanburg family law attorney Ben Stevens was elected Chair of the Family Law Section of the South Carolina Association for Justice at its Annual Convention held last month in Hilton Head, SC.  Mr. Stevens said, "I am honored to serve in this capacity and look forward to an outstanding year working with the SCAJ leadership to help protect the interests of families in South Carolina...

How to Make Your Divorce Like Tiger Woods'

Posted on August 31, 2010
Last week, the public learned that Tiger Woods and Elin Nordegren had finalized their divorce.  What was surprising is what was not heard last week.  There was no knock down drag out fight.  No "he said – she said"...

Guide to Family Law Cases in South Carolina

Posted on August 27, 2010
Do 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'...

Virtual Visitation Being Ordered on More Frequent Basis

Posted on August 25, 2010
For those dealing with long-distance visitation and/or relocation issues, judges are beginning to require "virtual visitation" on an ever-increasing basis.  A recent article explained that a New York judge has ordered that a Long Island mother make her two children available to talk to their father via Skype, an online video conferencing service, as a condition of her move to Florida...

Checklist of Items to Consider in Child Custody Cases

Posted on August 18, 2010
Child custody cases are among the most difficult types of Family Court cases – for both the litigants and the attorneys.  In addition to the obvious fact that you cannot split a child in half (as happens with many of the financial issues), emotions always run high when dealing with custody and visitation issues...

South Carolina Family Lawyer Gives Presentation on Running Your Law Practice Using Web-Based Technology

Posted on August 10, 2010
Last week, I gave two presentations at the South Carolina Association for Justice convention held in Hilton Head Island, SC.  For the family law section, my presentation was titled "How to Run Your Family Law Practice in the Clouds" and it focused on incorporating web-based technology, such as DropBox, Evernote, Rocket Matter, etc...

Recent Decision Discusses Accessing Someone Else's Email

Posted on July 22, 2010
The South Carolina Court of Appeals issued a decision last week which has some impact on Family Court cases.  In Jennings v. Jennings, the wife told parties' daughter-in-law that the husband was having an affair.  The daughter-in-law then accessed the husband's Yahoo email account, printed emails between the husband and his girlfriend, and gave copies to the wife, her attorney, and her private investigator...

Resource for Attorneys Interested in Alternative Fee Arrangements

Posted on July 19, 2010
One of the topics that I give presentations on at continuing legal education seminars is the benefits offered to family law attorneys by using alternative fee arrangements.  My practice has been based on a "fixed fee" model for over five years now, and my only regret is not making the switch sooner...

Facebook Still Great Source for Evidence in Family Law Cases

Posted on July 11, 2010
As I've posted many times before (1, 2, 3, 4, and 5), Facebook has become a factor in a growing number of Family Court cases.  A recent article discussed the many ways that Facebook has continued turning virtual reality into real-life divorce drama, including: Husband goes on Match...

Dr. Phil's Divorce Survival Tips

Posted on July 02, 2010
How do you protect yourself and prepare for a divorce? You must know your rights under thelaw when it comes to spousal support, child support, and marital assets. It also helps to know the outlook of the judges in the county you live in who might be likely to hear your divorce case...

Different Parenting Styles Can Cause Problems After Divorce

Posted on June 30, 2010
After divorce, different approaches to parenting can create great conflict between parents. Sometimes one parent is stricter and has more household rules, while the other parent is more permissive, laid back and/or trusting than the other. And if that parent travels for business, that parent may leave teenaged children and their friends unsupervised, even overnight...

Are You Ready for a Divorce? See What Dr. Phil Says

Posted on June 28, 2010
About 20% of people that contact a lawyer about a divorce are not "ready" to actually get a divorce, according to a statistic cited by Dr. Phil on his show today Are You Ready For Divorce? Dr. Phil believes that most people are too quick to get divorced...

Communications in the 21st Century :: Part Six

Posted on June 17, 2010
I have been very proud to present the exclusive online presentation of "Communications in the 21st Century" by Rev. Dr. Trey Kuhne, LMFT.  My sincere thanks again to Dr. Kuhne for such an outstanding, insightful series.  Here is Part Six: As you no doubt have been hearing in the news lately, more and more families across America are foreclosing on their homes due in part to adjustable rate mortgages ballooning payments beyond affordability or becoming upside down in a mortgage, in essence where the house is worth less than the remaining mortgage...

Purpose of Parenting Plans

Posted on June 16, 2010
A "parenting plan" is a plan for parenting a child, including allocation of parenting functions, which is incorporated into a final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity...

Communications in the 21st Century :: Part Five

Posted on June 11, 2010
I am pleased to present Part Five in my exclusive online presentation of "Communications in the 21st Century" by Rev. Dr. Trey Kuhne, LMFT: By now, you have completed your 2009 taxes, and for many, may have received a tax refund. Many families I know bank on that yearly tax refund, hoping that the IRS refund somehow makes up for debt issues or provides a cushion for the family vacation...

Guide to Family Law Cases in South Carolina

Posted on June 09, 2010
Do 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'...

Guest Post :: What and How to Tell Your Children About Your Divorce

Posted on June 07, 2010
The following Guest Post was provided by Donna Ferber to the SC Family Law Blog for our readers to enjoy: One of the most difficult things you will ever have to do as a parent is tell your children that their parents are breaking up. It is important that you shift your focus from your loss to your children's loss...

The Nikki Haley Scandal, from a Divorce Lawyer's Perspective

Posted on June 03, 2010
I thought it might be interesting to give a Family Court lawyer's perspective on the allegations that gubernatorial candidate Nikki Haley has engaged in extramarital affairs.  Over the last two weeks, two different men have come forward to confess their involvement with Mrs...

A Dozen Ways Children Of Divorce Get Caught In Their Parents' Conflict - Part 3

Posted on May 28, 2010
Every divorcing parent should make it their top priority to keep their children from getting caught in the middle of the conflict of their divorce. The following tips and thoughts are from James Roberts, RSW, a licensed social worker in Missouri and Kansas and family therapist in Kansas...

A Dozen Ways Children Of Divorce Get Caught In Their Parents' Conflict - Part 2

Posted on May 26, 2010
Every divorcing parent should make it their top priority to keep their children from getting caught in the middle of the conflict of their divorce. The following tips and thoughts are from James Roberts, RSW, a licensed social worker in Missouri and Kansas and family therapist in Kansas...

A Dozen Ways Children Of Divorce Get Caught In Their Parents' Conflict - Part 1

Posted on May 24, 2010
Every divorcing parent should make it their top priority to keep their children from getting caught in the middle of the conflict of their divorce. The following tips and thoughts are from James Roberts, RSW, a licensed social worker in Missouri and Kansas and family therapist in Kansas...

Ben Stevens Interviewed About Proposed Increases to Family Court Filing Fees

Posted on May 12, 2010
In case you haven't heard, the South Carolina Legislature is considering drastically increasing certain Court filing fees.  In Family Court, the proposed increases are (a) increasing filing fees (except for child support enforcement or modification) from $150 to $200; (b) increase the filing fee for Motions from $25 to $75; and (c) imposing a new fee of $50 per deposition...

Has Your Divorce Lawyer "Been There, Done That"?

Posted on May 10, 2010
The distance of three feet can make a world of difference.  I am referring to the distance between sitting in the "attorney" chair and the "client" chair in Family Court.  I know this first-hand, because I have sat in both, as I have been divorced and have dealt with the same issues that other parties must face:  asset-debt distribution, alimony, child custody, child support, etc...

Communications in the 21st Century

Posted on May 07, 2010
Over the last several weeks, I have been pleased to present the exclusive online presentation of "Communications in the 21st Century" by Rev. Dr. Trey Kuhne, LMFT, a series that took an honest and serious look at how we communicate in the 21st century...

How Do You Successfully Mediate "Feelings"?

Posted on May 05, 2010
Last week, attorney and long-time trainer of mediators, Cotton Harness, passed away.  Cotton grew up in my hometown, went to school with my parents, and many years later trained me to be a mediator.  He was an excellent mediator and an even better person...

Can A Cheating Spouse Still Be A Good Parent?

Posted on May 03, 2010
Does the fact that someone cheated on his/her spouse mean that person is a bad parent?  I think this is an interesting question with many arguments on either side of the debate.  The arguments in the "no" camp focus on the harm inevitably done to the children by the affair itself once it is discovered...

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