Do I Need a Prenuptial Agreement?

Prenuptial agreements, also known as premarital agreements or “prenups”, are written contracts between two individuals who are getting married. A prenup can lay out, in advance, most of the financial terms and conditions of a potential divorce or future death of either spouse. Premarital agreements are not new—they have been around in some form for thousands of years. In the past, however, they have typically been Read More

Gray Divorce – The Increasing Numbers of Adults over 50 Getting Divorced

At a time when the divorce rate has been declining among younger adults, the divorce rate among adults over the age of 50 is on the rise. According to a Pew Research Center study, the divorce rates among U.S. adults who are 50 years of age or older is nearly double what it was in the 1990s. Commonly known as the “gray divorce revolution”, the trend of older adults getting divorced is believed to be driven largely by Read More

How Will a Criminal Record Impact Child Custody and Visitation in South Carolina?

During a divorce, child custody and visitation are important issues that must be resolved. These issues can emotionally-charged, and divorcing spouses often have serious disagreements about who should have the kids and/or how much time the non-custodial parent is allowed to spend with them. When parents are unable to agree on these issues, it is left to the courts to decide (based on the child’s best Read More

Types of Alimony in South Carolina

During a divorce, alimony can be a contentious and emotionally-charged issue. Sometimes referred to as spousal support or spousal maintenance, alimony is a payment made from one spouse to another to provide financial support (for the recipient spouse) during and after a marriage dissolution. Alimony is not awarded in every divorce case, and there are numerous factors that go into determining whether or not it should Read More

Making Healthcare Decisions for Children of Divorce

Co-parenting after a divorce is not always easy, especially if you have experienced a lot of contention regarding parenting issues while you and your spouse were married. Healthcare is one area where this can become especially challenging. If you are newly divorced and think this might become an issue or you already have a conflict with your ex-spouse over obtaining healthcare for your children, it is a good idea to Read More

Divorced Parents Paying for College in South Carolina

Over the last decade, the South Carolina Supreme Court has changed course several times regarding its rulings on the obligation of parents to pay college tuition for their children after a divorce. Initially, the Court ruled that it could be required.  That was reversed in Webb v. Sowell (2010), the Court ruling that compelling parents to pay college tuition for adult children only when they were legally separated, Read More

Adultery and Divorce

South Carolina defines adultery as a person having sexual relations with someone who is not his or her legal spouse. Because South Carolina is a “fault” state when it comes to divorce, the person whose spouse had an affair with someone else can allege and then set out to prove the unfaithfulness as a basis to obtain a divorce. It is just one of several types of bad conduct that can work against a spouse in divorce Read More

Unique Considerations for Divorcing Parents of Special Needs Children

Each year, millions of parents choose to end their marriage, which can have a profound effect on children. Divorce can be even more difficult for children with special needs and their parents. When the South Carolina family law courts look at custody and support agreements, there will be complications associated with determining what is in the best interests of the child. What Is in the Best Interest of the Read More

What is the Process for a New Spouse to Adopt a Step Child?

Blended families are now more normal in this country, and a new spouse might want to take steps to adopt a stepchild. There are several scenarios in which this might become an issue. A previously divorced parent may bring children into a new marriage, or a parent might marry with children who were born out of wedlock. There are a variety of reasons to pursue stepparent adoption, some practical and others more Read More

What Are My Rights as an Unwed Parent?

As many as half of all children born in South Carolina are to unwed parents. Whether you are the child's mother or father, the way that the law treats your rights is different than if you were married to your child's other parent. Do Unwed Parents Have Equal Rights? According to South Carolina law, Section 63-5-30, parents who are married have equal rights. Specifically, the law states that "neither parent has any Read More