charleston divorce attorney Archives | Charleston SC Divorce Lawyers

Divorce Lawyers Charleston SC | What Happens at a Temporary Hearing?

November 14, 2018 By Patricia O. DeTreville Leave a Comment

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.

Why is a Temporary Hearing needed?

Judges take this opportunity to solve immediate, pressing problems, such as those that sim [Read more…]

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

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

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…]

Charleston Divorce Attorney | Custody and Military Deployment

July 6, 2014 By J. Michael DeTreville Leave a Comment

A recent custody case in Michigan highlighted the perils that military parents may face when involved in a custody matter, particularly when on deployment. In that case, Matthew Hindes, active-duty Navy personnel who was deployed on a submarine in the Pacific Ocean, was threatened not just with the loss of his child, but also jail time and fines for failing to appear at a scheduled custody hearing. Ultimately, the local family court [Read more…]

Charleston Divorce Attorney | Changing a Child’s Name

February 7, 2014 By J. Michael DeTreville 1 Comment

Changing a child’s name can be a tricky proposition, particularly following a divorce or under circumstances where unmarried parents have a falling out. It’s certainly one thing for parents to part ways, and another to hotly contest custody, but attempting to change a child’s surname will almost always be viewed as an attempt to permanently break a familial bond, and is sure to be angrily contested in most cases. A qualified and experienced Charleston divorce attorney can assist in guiding you through this potential minefield.

As with most issues pertaining to children in [Read more…]

Charleston Divorce Attorney: How Do Family Courts Enforce Their Orders?

January 16, 2014 By Patricia O. DeTreville Leave a Comment

If you are living under a Family Court Order – whether the order covers alimony, child support, custody and visitation, property division, restraining orders, or any combination [Read more…]

Charleston Divorce Attorney: Can I Change My Name When I Get Divorced?

December 10, 2013 By J. Michael DeTreville Leave a Comment

I got a phone call the other day from a woman whose husband I had represented in their recent divorce. She represented herself in the divorce, so I suppose she didn’t know who else to turn to, but now two years after the divorce she wanted to know if the Decree of Divorce could be amended to allow her to change her name back to her maiden name.

I asked my staff to call her back and tell her I there was nothing I could do for her, and that she would need to contact independent counsel to go about changing her name. She wanted to know why I couldn’t help her, isn’t she entitled to change her n [Read more…]

Charleston Divorce Lawyers: Reduction of Alimony in South Carolina

October 30, 2013 By J. Michael DeTreville Leave a Comment

The payment of alimony, particularly permanent alimony, is almost always an unpleasant task for the supporting spouse, so it is no surprise that the reduction of alimony is a hot-button topic.This article examines those circumstances under which a supporting spouse is entitled either to termination of alimony payments or a reduction of alimony payments.

Some alimony can never be terminated or reduced.

If your Divorce Decree requires the payment of “non-modifiable” alimony, usually payable over a specified period of time, the Family Court will not per [Read more…]

Charleston Divorce Attorney: The Fifth Amendment and Family Court

June 2, 2013 By Patricia O. DeTreville Leave a Comment

You have probably kept up with the current news that the IRS Commissioner has invoked her rights under the Fifth Amendment in declining to testify before Congress (see full story here). What does the Fifth Amendment mean for you in your custody case, your alimony case, or your division of property case, in the Family Court? [Read more…]