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…]
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…]
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…]
In my opinion, Family Law represents the best efforts of the legislature and the courts to do the right thing for people who may have temporarily lost their ability to find their way without substantial help. In other words, Family Law is an outline of what needs to be done, and how to do it, for people who may not be thinking clearly in the stress of separation and divorce. Legislatures make the laws, and judges interpret and enforce them.
This does not mean that every piece of Family Law, or every statute, necessarily applies to you or to your family’s situation. It is the job of divorce [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…]
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…]
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…]
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…]
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…]
