What’s a Guardian Ad Litem and Do You Need One?
A Guardian ad Litem is a person that has been appointed by the Family Court to represent “the best interests of the child” in court proceedings. In Family Court, guardians are appointed in contested...
View ArticleIs My “Final Custody and Support Order” Really Final?
The short answer is “no.” Family courts have continuing and broad jurisdiction in most cases to enforce, modify or even revoke previous orders. Issues such as child custody and child support are almost...
View ArticleSouth Carolina Law Requires Submission of Parenting Plans
Over the summer, South Carolina implemented a new child custody law: H 4614, which was signed by Governor Haley on June 18, 2012. While the new law does quite a few things, one of the biggest changes...
View ArticleBizarre Prenups Exposed
When it comes to drafting a prenuptial agreement, outlining each partner’s expectations can be a healthy move to protecting your future and ensuring that your particular concerns are addressed. Heading...
View ArticleWhy Waiting Until January to File for Divorce Is a Good Idea
The commonly held notion that more people get divorced after the holidays is true and, it turns out, there are plenty of good reasons for it. For one thing, the holidays are a trying time full of...
View ArticleVisitation and Child Support in South Carolina
It’s a feeling experienced by many custodial parents in South Carolina: frustration at the failure of the non-custodial parent to pay child support in a timely manner. The payments might be sporadic or...
View ArticleCommon Law Marriage in South Carolina
There are many rumors and misunderstandings regarding the concept of common law marriage. To be clear, South Carolina recognizes “common law marriage”, which is defined as “a marriage that takes legal...
View ArticleWhat’s a Temporary Hearing in South Carolina?
It’s typically the first big step in any divorce proceeding, but what exactly does a temporary hearing entail? In most contested divorces in South Carolina, a temporary hearing is held to allow the...
View ArticleFinancial Restraining Orders in South Carolina
Though the phrase “restraining order” conjures up certain terrible images in most people’s minds, the fact is a Temporary Restraining Orders (TROs) does not have the some connotation in a divorce...
View ArticleWho’s Allowed to File For Divorce in South Carolina?
One of the important questions many have when divorce is looming is where exactly you may file. Jurisdiction is a crucial issue in any legal proceeding, and it’s important to understand the rules in...
View ArticleU.S. Supreme Court Gives Hope to Parents Embroiled in International Custody...
A heart-breaking custody case out of Florida was recently decided by the United States Supreme Court that gave hope to a father fighting to get his daughter back. The case, involving a former member of...
View ArticleHollywood Star Sues To Lower Alimony and Child Support Obligations
Once a divorce is filed, the couple’s assets and debts, basically their entire financial life is cataloged and recorded, fought about and agonized over. Eventually, this monetary snapshot is used to...
View ArticleImportant Considerations for Parents in Child Custody Relocation Cases
One of the most common questions I am faced with in both my litigation cases and my private Guardian ad Litem work is, “When is it okay for me to relocate and not endanger my custody arrangements or...
View ArticleHow To Dismiss A Divorce Case In South Carolina
Once a divorce petition has been filed in South Carolina, most people think the marriage is all but over. While filing for divorce is typically the beginning of the end, there are many situations where...
View ArticleA Closer Look at What Expanded Mandatory Mediation Really Means
I am pleased to publish the following Guest Post from retired Family Court Judge Barry Knobel, who is a certified family court mediator with a statewide mediation and arbitration practice: Pursuant to...
View ArticleHow Do I Value My Home During A Divorce?
Something that might seem easy but can prove to be quite daunting in some cases is valuing a couple’s marital residence during a divorce in South Carolina. Many people might assume that they can simply...
View ArticleWhat the New Proposed Parenting Plan Means for Parents in Custody and...
As we have written before, the law in South Carolina changed in 2012 to introduce several new concepts into how child custody cases are handled in Family Court. One such new requirement is the new...
View ArticleImportant Steps To Take If You’re Preparing For A Divorce
The process of deciding whether to seek a divorce can be a long and difficult one. There are many emotional and financial calculations that go into making this decision, and many couples wrestle with...
View ArticleMaintaining Credibility in the Discovery Process
Discovery in Family Court is both loved and hated by attorneys and litigants alike. We love it when the discovery we have requested and received leads to information that is helpful to our case....
View ArticleWhat Does “Exclusive Possession of the Former Marital Home” Mean?
In South Carolina, when people separate or divorce, one spouse is typically awarded “exclusive use and possession” of the marital home. This is usually implemented at a temporary hearing soon after...
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