Obtaining A Post-Judgement Modification For Alimony

Before we outline how you can modify your alimony payments, it is essential to note that South Carolina has several different types of alimony. For example, periodic alimony gets paid at regular intervals (e.g., one each month). It terminates when the other spouse remarries, cohabitates with a new partner for an extended period, or dies. Lump-sum alimony is paid at once or over regular intervals over a relatively Read More

Post-Judgment Modifications: Custody & Child Support

During your divorce, you and your spouse had to arrive at terms regarding the custody of your children. However, the amount you paid or received in child support is more an objective calculation. The court looks at your gross income and considers your potential for earning money if you are unemployed or underemployed (i.e., making less than you should). The following are examples of income that are Read More

Common Defenses Against Domestic Violence

Domestic violence charges are very serious and have ramifications that can indirectly alter your future. In South Carolina, domestic violence is its own charge and has three separate degrees. (First-degree domestic violence charges are the most severe.) South Carolina’s domestic violence laws can be found in Chapter 25 of the  South Carolina Code of Laws.  However, it is essential to remember that an accusation does Read More

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