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

Property Crimes and Enhanced Charges in South Carolina

The definition of a property crime in South Carolina is fairly straightforward. Referred to by state law as “crimes against property,” these offenses involve the theft or destruction of someone else’s property. Many property crimes are prosecuted in accordance with the dollar value of the stolen or destroyed property. In other words, the greater the monetary value of the property, the more severe the penalties will Read More

Why Father (and Mothers!) Should Establish Paternity

In South Carolina, if a couple is married at the time their child is born, there is a legal presumption that the husband is the father of the child. If a couple is not married at the time of their child’s birth, there is no legal presumption of paternity. A man could be the father of his own child and in the eyes of the law, he has no relation to them whatsoever. The way to get around this is by establishing Read More

How is Child Abuse Defined in South Carolina?

Many of the attention-grabbing headlines you see that involve children often have to do with internet sex crimes, criminal sexual conduct, or other lurid offenses. Those are serious crimes, no doubt, but so are offenses like cruelty to a child and child abuse or neglect. In addition to facing severe penalties, allegations of child abuse can result in DSS (Department of Social Services) taking your kids from your Read More

Which Court Will You Appear in to Face Your South Carolina Criminal Charges?

The South Carolina criminal justice system can seem complex to even seasoned legal professionals. On top of the various court types, the COVID-19 pandemic has created confusion among prosecutors, defendants, and lawyers alike. The vast majority of crimes are adjudicated in state court; in South Carolina, that means you will likely appear in Municipal, Magistrate, or General Sessions Court. We dive a little deeper Read More

How Does Common Law Marriage Work in South Carolina?

One of the most often discussed but least often understood topics in Family Law is the common law marriage. A common law marriage refers to couples who consider themselves to be married but never actually executed a proper marriage license. The term has its origins going back centuries, to when the cost of traveling to a courthouse prohibited some couples from getting married. Like most other forms of marriage, it Read More