Archive | Divorce

South Carolina Family Court Appeals and Post-Trial Motions

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog   |   0 Comments

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   |   0 Comments

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   |   0 Comments

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   |   0 Comments

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   |   0 Comments

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   |   0 Comments

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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Uncontested Divorce – Greenville South Carolina

January 18, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Uncontested Divorce – South Carolina 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 […]

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VA Disability Benefits

December 18, 2015  |   Posted by :   |   Divorce,Family Law Blog   |   0 Comments

VA Disability Benefits When it comes to Child Support and Divorce (Alimony and Equitable Distribution) case a common issue is U.S. Department of Veteran’s Affairs‘ disability benefits and the extent to which they are divisible by the Court. In this Blog, I will break down my understanding of the issue. I say “my understanding” as […]

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Child Support FAQs – Greenville, SC – Child Custody

April 21, 2015  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Child Support Frequently Asked Questions – by Child Custody Attorney Brian P. Johnson, Esq. 1. How is child support determined? To determine how much child support you may have to pay or be entitled to receive, first you must figure out if the visiting/secondary parent (if any) has more than 109 overnights with the child/children. […]

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Grandparent (and Non-parent) Rights in South Carolina

February 11, 2015  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Grandparent (and Non-parent) Rights in South Carolina While the law gives great deference to parents of children, grandparents (and others) can get visitation and custody rights to children in certain situations.  I will breakdown the most common below: De Facto Custodian (SC Code 63-15-60) – A De Facto Custodian is someone who is shown to […]

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