Charleston SC Divorce Lawyers

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You are here: Home / Archives for J. Michael DeTreville

Charleston Custody Lawyer | Adultery and Paternity

September 17, 2019 By J. Michael DeTreville Leave a Comment

Unfortunately, not everyone is faithful to his or her spouse. A husband could cheat on his wife, or vice versa. Sometimes, when the wife is the one who has an adulterous affair, the wife can become pregnant with the other man’s child. It can present a difficult situation for a Charleston custody lawyer, but an experienced attorney can help walk a client through this potential minefield.

In South Carolina, when the child is conceived during a lawful marriage, the child is [Read more…]

Filed Under: Adultery, Best Interest of the Child, Child Support, Custody, Divorce, Guardian ad litem, Separation, testing, Uncategorized Tagged With: adultery, charleston custody lawyer, guardian ad litem, paternity

Charleston Custody Lawyer | Morality, Parental Fitness, and Custody

August 14, 2019 By J. Michael DeTreville Leave a Comment

In any custody determination, the Court looks at several factors to decide which parent should be awarded custody of the child. These factors can include:
1) whether one parent is unfit to serve as a custodian;
2) if one parent has served as the child’s primary caregiver;
3) if one parent has engaged in some sort of misconduct that would render him or her less suited to serve as a custodian;
4) if one parent is more suited to serve as custodian as a result of personal attributes or accomplishments, greate [Read more…]

Filed Under: Adultery, Best Interest of the Child, Custody, Divorce, Marital Fault, testing, Uncategorized Tagged With: best interests of the child, charleston divorce lawyer, custody, parental fitness

Divorce Lawyer in Charleston SC | Transmutation and Special Equity

July 8, 2019 By J. Michael DeTreville Leave a Comment

One of the main issues every divorce lawyer in Charleston SC encounters is the division of marital property.

What constitutes marital property?

Marital property is all of the real and personal property, minus a few exceptions, that a couple gains from the date of marriage until the date of filing a Family Court action. The largest of these items of marital property are typically things like a home, retirement assets, and businesses.

What are the exceptions?

When a couple gets married, each person is likely to bring assets they acquired before the marriage into the [Read more…]

Filed Under: Divorce, Equitable Division, Marital Property, Separation, testing, Uncategorized Tagged With: divorce lawyer charleston sc, marital property, non-marital property, special equity, transmutation

Charleston Divorce Lawyers | 3 Things You Must Do When Considering Divorce

October 9, 2018 By J. Michael DeTreville 1 Comment


One of the challenges all Charleston divorce lawyers deal with at the outset of a case is having a client who is not prepared to begin the process. Often times, this cannot be avoided and a client is surprised by the filing, but in many cases divorce is something that is contemplated long before the papers have been filed.

If you are contemplating filing, or fear that your spouse may be contemplating filing, here are three steps you can take prior to retaining counsel to make the process easier: [Read more…]

Filed Under: Divorce, Marital Property, Separation, testing Tagged With: charleston divorce, charleston divorce lawyers, charleston sc divorce attorney, divorce

Charleston Divorce Lawyers | Custody and Unmarried Parents

January 25, 2018 By J. Michael DeTreville 1 Comment

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A dispute over custody of a child is one of the most stressful and grueling processes that Charleston divorce lawyers can help their clients face. While child custody disputes are often difficult enough between a divorcing couple, two individuals who are not married and have a child between them can add an extra layer of complexity to an already complex situation. [Read more…]

Filed Under: Best Interest of the Child, Custody, testing, Uncategorized, Visitation Tagged With: charleston divorce lawyers, custody, unmarried parents responsible fathers

Divorce Attorney Charleston SC | Divorce and the New Tax Law, Part 1

January 19, 2018 By J. Michael DeTreville Leave a Comment

divorce attorney charleston sc



The new tax plans have been a source of real uncertainty for any divorce attorney Charleston SC for several months now. As we have seen this finalized, it now has many people asking how it will affect their current or future settlement agreements.

The biggest question that clients who are actively involved in or preparing for divorce litigation ask is … [Read more…]

Filed Under: Agreements, Alimony, Current Events, Divorce, Negotiation, testing, Uncategorized Tagged With: alimony, divorce attorney charleston sc, family court, tax

The Lawyer as Advocate and Advisor | Divorce Attorney Charleston SC

September 18, 2017 By J. Michael DeTreville Leave a Comment

divorce attorney charleston sc

There comes a point in almost every family court case when the client and divorce attorney Charleston SC disagree on the next steps to take. These disagreements may only be over minor issues and they can be optimal times to flesh out important points of the case and strategize, but they can also be the source of much conflict if expectations are not set in advance. Every attorney has had a client bemoan that “you are supposed to be on my side.” What we as family law attorneys want you to know is that we are! We want you to get everything you have asked for. That is our role as an advocat [Read more…]

Filed Under: Agreements, Divorce, Negotiation, testing, Uncategorized Tagged With: divorce attorney charleston sc

Charleston SC Divorce Lawyer | Co-Parenting During a Hurricane

September 7, 2017 By J. Michael DeTreville Leave a Comment

charleston sc divorce lawyer

Any Charleston SC divorce lawyer will tell you that there is an extraordinary amount of stress and uncertainty that comes along with co-parenting and complying with court orders during any type of natural disaster, particularly when evacuations are ordered and each parent would have time with the children during the evacuation days.

During hurricane season, parents often inquire as to what their rights are with regards to their ability to evacuate with the children. While these questions are never easy to answer, there a few things you can do to ensure your safety, your child’s safety, and y [Read more…]

Filed Under: Best Interest of the Child, Contempt of Court, Current Events, Custody, Divorce, Separation, testing, Uncategorized, Visitation Tagged With: charleston sc divorce lawyer, co-parenting, hurricane, natural disaster

Charleston SC Divorce Attorneys | Understanding Joint Custody

June 13, 2017 By J. Michael DeTreville Leave a Comment

charleston sc divorce attorneys joint custody

Custody is generally the most important issue people face when first meeting with Charleston SC divorce attorneys. So in any situation in which a divorcing couple has children, an exploration of the different types of custody is the first topic of conversation.

Joint custody is frequently the type of custody potential clients want to discuss first in our consultations, as the laws and courts in South Carolina have slowly come to view it more favorably. As with any [Read more…]

Filed Under: Agreements, Best Interest of the Child, Custody, Divorce, Separation, testing, Uncategorized, Visitation Tagged With: charleston sc divorce attorneys, joint custody, physical custody, primary legal custody, shared custody

Charleston Divorce Attorney | 10 Ways a Client Can Help Their Divorce Lawyer

May 30, 2017 By J. Michael DeTreville Leave a Comment

charleston divorce attorney

The quality of the attorney-client relationship in a divorce case is of the utmost importance to achieving a favorable result for the client. Keeping that relationship high quality requires give and take by both the Charleston divorce attorney and the client. Follow these rules to help keep your costs down and improve the results of your case.

1) Tell your Charleston divorce attorney the truth.

You cannot be helped by someone who does not have all the facts or who has the wrong facts. The very last thing you want to see is your lawyer embarrassed, for you or by [Read more…]

Filed Under: Current Events, Divorce, testing, Uncategorized Tagged With: charleston divorce attorney, charleston divorce court lawyers, charleston sc divorce attorney

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From the Blog

  • Charleston Custody Lawyer | Adultery and Paternity
  • Charleston Custody Lawyer | Morality, Parental Fitness, and Custody
  • Divorce Lawyer in Charleston SC | Transmutation and Special Equity

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