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What are my rights as Father in South Carolina? As an unmarried Father, you have no legal rights to your child until you are declared as the Father by the Family Court. Until then, the Mother can allow you to see him or her (or not to) at her discretion. However, if you are prevented […]

South Carolina Family Court Appeals and Post-Trial Motions My case is over, but I’m unsatisfied with the result. Do I have options? If you are reading this blog, your case is likely over, but you’re unhappy with the outcome.  The Court has very strict rules that you must follow when challenging a decision. It is […]

What happens to the house when you get divorced? Am I entitled to half of the house?  Yes, as long as the house is marital property. Marital property is defined as all real and personal property acquired during the marriage.  It is irrelevant whose name the home is in because it is still considered marital […]

Can I ask the other party to pay my attorney’s fees? Yes.  The family court uses a two step process when considering requests for attorney’s fees and other related costs.  First, they determine if either side is entitled to an award. Then, they establish an appropriate amount.  The requesting party has the burden of proof to establish both […]

My spouse committed adultery; will he/she have to pay alimony?  How do I prove adultery?  How will adultery affect my case? You do not automatically receive alimony if your spouse commits adultery, but it is a factor in the Court’s determination.  On the other hand, it is important to note that committing adultery is an absolute bar to […]

What are the grounds for divorce in South Carolina?  How do I prove a ground for divorce? A continuous separation of twelve months (or more) is the most common ground for a divorce in the state of South Carolina.  Other grounds include; habitual drunkenness, adultery, physical abuse, and desertion.  The court requires that any of […]

How is child custody really determined? On my primary custody page as well as my Blog, we discuss the statutory factors a Judge considers when determining the best interests of the child in child custody cases.   The seventeen (17) factors are listed in SC Code 63-15-240 (B). Is one custody factor more important than others? […]

Step-Parent Adoptions Greenville South Carolina In South Carolina, the Adoption Statute can be complex but there is some simplicity when you have a Step-Parent who wants to adopt a Step-Child.  We call these Step-Parent Adoptions and I summarize the process below: Consent of the Blood-Parent – The most important step in this process is to […]

Uncontested Divorce Greenville SC An uncontested divorce is one where the parties do not fight in Court and simply need to be divorced legally. In this blog I will list the three (3) main scenarios when I deal with an uncontested divorce and then what it means for hiring an attorney. 1. Scenario One – […]

Termination of Parental Rights Greenville SC Termination of parental rights is a rather complex issue and often comes up in Department of Social Services (DSS) cases.   In this blog, I will focus on some of the more typical issues encountered. Grounds for Termination of Parental Rights If a parent’s rights are to be terminated, first […]