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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Child Custody Blog – Breaking Down the Factors

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

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? […]

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