DeTreville Law & Mediation, LLC
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…]
One of the main issues every divorce lawyer in Charleston SC encounters is the division of 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.
When a couple gets married, each person is likely to bring assets they acquired before the marriage into the [Read more…]
A Motion for Temporary Relief, commonly called a “Temporary Hearing,” is the first hearing in most cases filed in Family Court. The hearing itself is scheduled in response to a written motion filed by either side. The various clerk’s offices will schedule the date and time of the hearing. They are under a directive that this first hearing must be held within 30 days of filing the request; most often the hearing will come much sooner than the 30 day-deadline.
Judges take this opportunity to solve immediate, pressing problems, such as those that sim [Read more…]
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…]
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…]
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…]
If you have ever been involved in a Family Court case, or if you have even heard about one, chances are good that you have heard complaints about how SLOW it is and HOW LONG everything takes. Even Charleston Family Law attorneys are known to complain. Why can the process be so slow? Please consider the following:
Not only is there a shortage of judges, there doesn’t seem to be much interest in creating more seats. Our state legislature controls the funding for these positions, and the funding remains limited.
As a Charleston SC divorce attorney, I seem to have fielded more questions about alimony in the first part of this year than I would have usually expected. While we have a good deal of information on the topic on other pages of this site (alimony overview, alimony FAQ, [Read more…]
It’s that time of year again. The holidays, of course, where children move back and forth between their separated or divorced parents, where money is short, where demands on time, temper and money become tight, and where small impressions made may live forever.
Suggestions to survive the holidays:
If you and your former spouse, or your separated spouse, have rules in place to govern the holidays, follow those rules. If you wanted to make changes, or ask for changes, or negotiate changes, this is not the time; that should have been done earlier, say in the summ [Read more…]
Beware of real estate lawyers (for example only) who are trying to make the rent by picking up a family law case here and there.
If you want to have an expensive war with your spouse, feel free to hire that attorney who was pounding the desk when you first met, and/or telling you that he/she would “take your spouse to the cleaners” – such behavior, and such words, are warnings to you that you are [Read more…]
