Preparing for Divorce Part 1: Prepare Yourself Emotionally/Get Ready

Getting a divorce is one of the most consequential decisions individuals ever have to make. The process of ending a marriage that you have invested so much of your life into can be very stressful to say the least. The divorce process can last several months or more, depending on how contentious the case becomes and the complexity of the issues that need to be resolved. There is a lot of preparation involved, and it Read More

My Spouse Got a Raise at Work: Can I Get Child Support and Alimony Modified?

If you have a court order that provides for either child support or alimony payments in South Carolina, this is considered the final decision by the judge that cannot be changed without an appeal. However, child support and most alimony awards are modifiable if circumstances substantially change. For example, if an ex-spouse earns more money than they were making at the time of the original award, it may be possible Read More

Divorce, Visitation, and the Holidays

The holidays may take on a different meaning for families in the midst of a divorce or not too far removed from the process. When parents live in separate homes, and even great distances from each other, this complicates spending quality time with children during the holiday season, and it can lead to conflict. Many families have established traditions with their children and are unsure how those will continue Read More

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