Custody Cases Across State Lines

Consider the following scenario. Imagine you are married, and you have a child. You and your spouse decide to move to another state. In a few short months, you’ve embedded yourself in a new job and bought a new house. But your spouse expresses their wish to dissolve the marriage and move back to the state you originated from.  One of the challenges that arise from the previous scenario is child custody. You have two Read More

The Weight Of Courtroom Accusations

An accusation is a claim that someone has done something wrong or illegal. And when you make them in a courtroom, the judge takes them seriously. If you have been a victim of domestic violence or your children have been subject to abuse, tell this to your lawyer. Your attorney will devote an extensive amount of time learning about you and the specifics of your case. Get these details out early because your lawyer Read More

DUIs & Your Rights

There is a lot of misinformation regarding DUI (driving under the influence) charges. A lot of it may stem from how prevalent alcohol consumption is. There is not a complete prohibition against driving after drinking, however it is illegal to drive a motor vehicle in South Carolina if you are under the influence of alcohol or drugs or a combination of the two and your ability to drive is materially and appreciably Read More

The Risks of Adultery

If you plan on entering into the divorce process, you should have a firm understanding of what constitutes adultery. Some people may dismiss the risk of adultery because they choose to end their marriage for reasons other than adultery. If that is the case, why do you need to understand it? In South Carolina, adultery can affect many aspects of a divorce even if it is committed after separation.  That is a critical Read More

Can I Be Legally Separated In South Carolina?

South Carolina does not recognize the term “legally separated.” That can be confusing to some people, especially when they discover that to obtain a no-fault divorce, you have to live separately for one year.  The laws that govern separation and divorce are unique to each state. For example, North Carolina does recognize legal separation. Many of the couples that live under that heading are doing so because they must Read More

The Unique Considerations Of A Military Divorce

A military divorce is the dissolution of a marriage in which one or both people are serving (or have served) in the military. At the heart of the process is the need to take two people, who have legally combined aspects of their lives, and to return them to two separate parties.  Family law attorneys who are not accustomed to dealing with members of the military and their unique assets such as pensions and health Read More

What Happens When Your Spouse Kidnaps Your Child?

The importance of understanding this issue is two-fold. Not only do you need to know what to do if your former spouse takes your children without consent, but you need to protect yourself from being accused of parental kidnapping as well. Imagine that you live in South Carolina, and you are in the middle of the divorce process. If you take your children across state lines and into North Carolina to visit a family Read More

What Happens If I Get Criminal Charges in South Carolina But I Live in Another State?

What happens when you get charged with a crime in a state you don’t live in? Do you still have to face the charges? Does that state even have the jurisdiction to charge you? At Cate & Brough, we often face issues where someone was charged in South Carolina but lives halfway across the country in another state. States have jurisdiction over any crimes that happen within their state. For instance, if two men get Read More

How to Combat Parental Alienation

Managing relationships with divorced parents can be difficult for children of any age. Children may go through phases where they want to spend more time with one parent over the other. This happens just the same with married parents, and can feel compounded when both parents live in separate households. If your child says they don’t want to see you one weekend when you have visitation, it can hurt - but it’s not Read More

How Does Joint Custody Work in South Carolina?

In South Carolina, child custody between divorcing parents is split into two forms: physical custody and legal custody. Physical custody determines which parent the child lives and spends their time with. Legal custody determines which parent makes major life decisions for the child. Physical custody can be awarded jointly, meaning both parents have frequent time with their children. It does not necessarily mean Read More