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You are here: Home / Archives for Marital Fault

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

Charleston Lawyers | Conflict and Mediation, the Sanford Case Study

September 30, 2014 By Patricia O. DeTreville Leave a Comment

charleston lawyers sanford contempt mediation

Mark Sanford’s Continuing Soap Opera, and How Mediation Can Help:

Mark Sanford has deluged all of us with the details of his personal life, and with his perception of those details. Most recently, Mr. Sanford took to Facebook and the newspapers to “update his constituents” on his personal life, and to announce he would finally retain the service [Read more…]

Filed Under: Adultery, Agreements, Contempt of Court, Current Events, Marital Fault, Mediation, Self-Representation, testing, Uncategorized Tagged With: charleston lawyers, contempt, jenny sanford, mark sanford, mediation, rule to show cause

Charleston Family Lawyer | Top Questions Our Clients Ask

July 28, 2014 By Patricia O. DeTreville Leave a Comment

charleston family lawyer

As a Charleston family lawyer, I often get asked many of the same questions by my clients, especially early on in my representation. Here are some of those questions, with the answers, that may help you start to sort through your family law matter in its early stages:

1. “When can I date?”

Perhaps not surprisingly, this is the most commonly asked question, week after week, year after year. Simply put, having a physical relationship [Read more…]

Filed Under: Abandonment, Adultery, Alimony, Divorce, Equitable Division, Fees, Marital Fault, Separation, testing, Uncategorized Tagged With: abandonment, adultery, Charleston family lawyer, proof of adultery

Charleston Family Court Lawyer | Proving Physical Cruelty

July 2, 2014 By J. Michael DeTreville Leave a Comment

charleston family court lawyer physical cruelty

South Carolina can be a dangerous place for a married or cohabiting woman. This state has a particularly rotten and well-deserved reputation for being a den of domestic violence. Every year, it seems South Carolina ranks #1 in the country for men killing women. As a Charleston Family Court lawyer, and one who keenly feels the need to help put a stop to this cycle of violence, I regularly me [Read more…]

Filed Under: Current Events, Divorce, Marital Fault, Physical Cruelty, Self-Representation, testing, Uncategorized Tagged With: charleston family court lawyer, my sister's house, order of protection, physical cruelty

Charleston Family Court Lawyer | Can I Be Reimbursed for my Attorney’s Fees?

May 1, 2014 By J. Michael DeTreville Leave a Comment

Let’s be frank: most people’s idea of a good time is not spending thousands of dollars on a Charleston Family Court lawyer. Most people, when spending thousands of dollars on anything, want it to be on something tangible, or something fun, like a new car, a vacation, a child’s college tuition. Spending money on a Charleston Family Court lawyer can be made even less pleasant when you’re being led down the path of divorce by what you perceive to be your spouse’s unilateral wrongdoing, and can be complicated by the drastic financial impact already being wrought [Read more…]

Filed Under: Divorce, Fees, Marital Fault, Separation, testing, Trial, Uncategorized Tagged With: attorney's fees, charleston family court lawyer, divorce finance, marital fault

Charleston Divorce Lawyer | Selling Your House During Divorce

February 20, 2014 By J. Michael DeTreville 3 Comments

charleston divorce lawyer selling marital home divorce

I recently made a social media connection with a gentleman by the name of Bill Gassett, a real estate agent in Massachusetts who has done some wonderful blog work on issues pertaining to divorce and real estate. One article he wrote struck me as something that could be particularly helpful to my clients and potential clients, on the issue of selling your house [Read more…]

Filed Under: Current Events, Divorce, Equitable Division, Marital Fault, Marital Property, Pre-Nuptial Agreements, testing, Uncategorized Tagged With: charleston divorce, charleston divorce attorneys, charleston divorce lawyer, marital home, marital property, transmutation

Charleston Family Court Lawyers: Can I Date During Divorce?

December 6, 2013 By Patricia O. DeTreville Leave a Comment

charleston family court lawyers can i date during divorce

Hands down, no contest, the most frequently asked question of Charleston Family Court lawyers at initial consultation is “when can I date”?

Sometimes, the question is posed more subtly, such as inquiring about going out socially in groups or wanting to know more about language which can be added into Separation Agreements allowing either spouse to live as if unmarried. Most often, however, the question is plainly put, and usually comes up at the very end of a consultation.

Since it is, obviously, a sensitive and important issue, let’s review it here.

If yo [Read more…]

Filed Under: Adultery, Alimony, Custody, Divorce, Marital Fault, Separation, testing, Uncategorized Tagged With: adultery, charleston divorce, charleston family court lawyers, separation and divorce

Divorce Lawyers in Charleston SC: Should I Leave the House?

November 26, 2013 By Patricia O. DeTreville Leave a Comment

One of the most common questions asked of divorce lawyers in Charleston SC is “should I leave the house?”  The decision as to who stays and who goes from the marital home can be complicated by a number of different factors:

Is personal safety an issue?

A marriage under stress resulting from physical abuse, drug or alcohol abuse, or abusive and demeaning behavior calls for personal safety to be the first consideration.  If you find yourself in a living situation wher [Read more…]

Filed Under: Divorce, Marital Fault, Separation, testing, Uncategorized Tagged With: divorce lawyers in charleston sc, marital home, marital property, physical abuse

Proving Adultery | Charleston Divorce Lawyers

November 6, 2013 By J. Michael DeTreville Leave a Comment

charleston divorce proving adultery

It should come as no surprise to readers of this blog that adultery is a pretty steady driver of clientele into our offices. It’s unfortunate that infidelity seems to be such a pervasive character flaw in the human species, but as they say, it is what it is. Divorce lawyers simply cannot provide the victims of adultery with the emotional support they so often desperately need; it is nature of a divorce lawyer to review the circumstances of an adultery case dispassionately and with a sympathet [Read more…]

Filed Under: Adultery, Alimony, Divorce, Marital Fault, Separation Tagged With: adultery, alimony, charleston divorce, marital fault, proof of adultery

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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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