Blog

FAMILY COURT PROCEEDINGS IN SOUTH CAROLINA DURING THE CORONAVIRUS Our office has received numerous questions regarding family court proceedings in South Carolina during the coronavirus (COVID-19).  This includes current clients who may want an update on their case, and potential clients who wonder if its a good time to file a case. In this blog, […]

Who gets to claim the children on taxes?  Parents in child custody cases often have a desire to claim the tax dependency of their children.  The benefit of claiming a child is well known as it stands to increase your tax refund or decrease tax owed; however, my office gets many calls regarding the rules […]

What are my rights as a Mother in South Carolina? As an unmarried Mother, you have total rights to your child, and you can allow the child’s Father or relatives to see him or her (or not to) at your discretion.  However, if you prevent the Father from having contact with the child without a […]

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? […]