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
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
