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

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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…]

Charleston Family Court Attorney | What Happens at the Final Hearing?

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Ed. note: This article presupposes a “final hearing” to be one in which the parties are placing an agreement on the record with the Family Court, and are proceeding with a divorce based on one year’s separation. A “final hearing” may also refer to a contested trial, which would be an entirely different article, or more likely, series of articles.

Having braved all of the hazards of divorce, having made the difficult decisions needed to settle your differences with your spouse in a compromised agreement, and having waited out the year-long separation period r [Read more…]

Charleston Divorce Attorneys | The Ins and Outs of Prenuptial Agreements

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Prenuptial agreements are an under-utilized tool for reducing the conflict and cost associated with divorce. The reasons that prenups are so rare are easy to discern: they take the “romance” out of divorce, they can be expensive and time-consuming to obtain, they are “only for the rich,” etc. Without dwelling on those issues (all of which can be debunked by experienced Charleston divorce attorneys), let’s examine the things one can do, cannot do, and must do with a prenuptial agreement.

What Can I Do With a Prenuptial Agreement in South Carolina?

1. Define w [Read more…]

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

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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: Can One Lawyer Represent Both Parties in a Divorce?

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We get asked if we can represent both husband and wife in a Charleston divorce with surprising frequency. Largely, it seems, the question comes from a misunderstanding over what it means for a lawyer to “represent” somebody; what they are really meaning to ask is if one lawyer can handle all of the necessary paperwork to accomplish a divorce. In circumstances where the parties have reached a full agreement on all the terms of a divorce, it is definitely acceptable for a single attorney to handle a divorce, [Read more…]

The Six Steps to Take When You’ve Been Served With Divorce Papers.

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Our firm meets with a great many people who are in various stages of the divorce process. We meet with people who haven’t decided whether they even want a divorce, but who just want to know what to expect if and when they do decide to move forward. We meet with people who know they are ready, and are interviewing attorneys to find the best match for them. We meet with people who have been trying to go the process alone, and who need help reversing the damage he or she has already done to their case (“He who repres [Read more…]

Charleston Divorce Lawyers: Reduction of Alimony in South Carolina

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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 Lawyers: South Carolina’s Mandatory Reporting Laws

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Charleston Divorce Lawyers: South Carolina’s Mandatory Reporting Laws

The whole country has been following the sad and almost unbelievable story coming out of Penn State University of their football program since last November. If, for some reason you have not, the football program has been embroiled in scandal concerning the multiple failures by their coaching staff and school administration to report the sexually abusive behavior of former coach Jerry Sandusky. Sandu [Read more…]

Charleston Divorce Lawyers: The Standard Visitation Generation

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Our Charleston divorce lawyers have seen at least one generation of children grow up with the “standard visitation” regimen of living with Mom and spending “every other weekend” with Dad. Children did not like it, still don’t like it, and have suffered under this routine. What do children say when asked about this routine, which includes sharing holidays, travelling distances, splitting summers, and all the rest? Many of them are young adults now and they are not shy about their opinions:

1) They hate travelling on holidays. [Read more…]

Charleston Divorce Attorney: The Fifth Amendment and Family Court

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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…]

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