Proof of Income If Self-Employed

One of the most important issues in a divorce or custody dispute is showing your income—and ensuring that your spouse accurately portrays his or her own income. If your spouse has a traditional, salaried position with a single company, then challenging their disclosures to the court regarding income will most likely be straightforward and easy to disprove with use of a W-2 or tax returns. However, when a spouse is Read More

Divorce in the New Year

The start of a new year is a time when many of us take the opportunity to reevaluate our lives and see if we’re living in the healthiest and most fulfilling way we can. When the holiday season is full of fighting, rather than feelings of togetherness, we find that many people decide the new year might be the right time to consider a divorce.  If you find yourself in that boat, a knowledgeable South Carolina family Read More

Case Addresses Claims of Habitual Intoxication as Basis for Divorce

In an opinion recently issued by the South Carolina Court of Appeals, the justices considered the claims of a woman who alleged that she should be granted a divorce based on her husband’s habitual intoxication. The case in question is Miteva v. Robinson. The case centers on a couple who were married in 2007 and who filed for divorce in 2011. The couple had no children together, but each had their own children from Read More

Using Contempt Sanctions to Enforce Family Court Orders

As we discussed in a prior post on this blog, South Carolina family courts issue orders on a wide range of subjects to bring the judge’s decisions into effect. Even after the judge has spoken on a particular matter and issued orders which are legally binding on the parties, some people still refuse to do as they were instructed by the court. One of the most powerful methods of forcing parties to comply with court Read More

What are Family Court Orders and How Are They Made in South Carolina?

If you’re involved in a divorce or custody dispute in South Carolina, court orders are the means by which a judge’s decisions become legally-binding instructions, and through which penalties against disobeying parties can be enforced. Read on to learn about court orders and how they are created. In a future post, we will discuss how court orders can be enforced, and the consequences that someone violating an order Read More

Four Tips on Merging Finances with Your New Spouse

Financial issues can have a major impact on the success of your marriage. Statistics reveal that one of the most common reasons couples cite as the cause of their divorce is conflict over money. If you’re planning a wedding, take this opportunity to discuss with your spouse how and to what extent you wish to merge your finances, and consider the following guidelines in the process. Make all of your debts known: When Read More

Court Finds Mother who Impeded Relationship Between Father and Children In Contempt

In a recent case before the South Carolina Court of Appeals, a mother who prevented her children from seeing their father was sanctioned by the court for disobeying the couple’s custody agreement. The case, titled Noojin v. Noojin, centered around a custodial dispute between a couple who had divorced in 2011. The couple reached an agreement where the mother was awarded primary custody, and the father received Read More

South Carolina Court of Appeals Looks at When Assets and Debts Become Marital Property in Recent Case

When a family court divides up property owned by a married couple, if a spouse has kept certain inherited or premarital property separate from the pooled assets of the couple, that property may be considered nonmarital and not included in the division of assets by the court. The question of whether or not formerly separate property has been turned into marital property, through the process known as “transmutation,” Read More

Is Your Spouse Hiding Assets from the Divorce Court?

When you finally arrive at the decision to divorce your spouse, you’ve probably reached a point of not being too huge a fan of your soon-to-be ex, nor them of you. In fact, your relationship may have begun to go south years before the divorce, during which time your ex may have started to set aside money in hidden accounts or invested in assets they never mentioned. It’s also possible that your spouse has also been, Read More

Reasons to Consider Mediating Your Family Law Matter

Litigating a family law matter is inevitably a difficult and painful process. One of the most challenging aspects of a divorce or custody action is how little control litigants can feel over the process. Parties are at the mercy of overloaded, rule-heavy courts, and can end up in increasingly contentious exchanges of motions, racking up costs and fees along the way. Rather than having your divorce or custody matter Read More