South Carolina Family Court Appeals and Post-Trial Motions

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog  

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 […]

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What happens to the house when you get divorced?

August 13, 2017  |   Posted by :   |   Divorce,Family Law Blog  

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 […]

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Can I ask the other party to pay my attorney’s fees?

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog  

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 […]

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Adultery in South Carolina

August 13, 2017  |   Posted by :   |   Divorce,Family Law Blog  

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 […]

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Grounds for Divorce in South Carolina

August 13, 2017  |   Posted by :   |   Divorce,Family Law Blog  

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 […]

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