Divorce Mediation: The Third Party Issue | Charleston Divorce Attorney

The Third Party Issue In my blog post Divorce & Mediation: What’s the Best Option for You? I discussed the reasons many people choose mediation over litigation when initiating a divorce. Finding a good Charleston divorce attorney and participating in mediation is a less costly, less time intensive way to get through a divorce.  It often […]

Family Court Charleston: Divorce and Mediation, What’s the Best Option?

Family Court Charleston A divorce occurs once every 13 seconds in the U.S. – that’s over 2.4 million divorces per year. A divorce focuses on family court including the legal, contractual aspects of a marriage. These issues most typically include the division of property and retirement accounts, alimony, child custody and child support, and tax […]

Parenting Agreements & Holiday Visitation

  Parenting Agreements Parenting agreements i.e. custody agreements, timeshares (or visitation schedule), decision making authority for schooling, medical care, & extracurricular activities as well as religious upbringing- remain a major issue in divorce today. Parenting Agreements in SC In South Carolina, there is a legal presumption that shared parenting (equal division of rights and responsibilities) […]

Divorce in the Modern World: I do. I did. I’m done.

Divorce in the Modern World Divorce in the modern world is considered a “traumatic life event” by psychologists and is viewed second only to a death in the family as a major life stressor. Divorce Statistics Although the U.S. Census Bureau has found that divorce rates in general have been dropping since 1996, there are […]

Alimony; It’s Tax Deductible

The one thing people usually hate paying more than taxes is alimony, but did you know these payments are often times tax deductible? What is Alimony? According to the IRS, Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include voluntary payments that are not […]

Reality TV Divorce Provides a Valuable Lesson

Celebrity divorces always pique our curiosity but, under the gossip and scandal, there actually lies a valuable custody lesson in Real Housewives star Bethenny Frankel’s divorce saga.  Sharing Custody in Divorce Despite allegations of fraud regarding the trust used to purchase the couple’s NYC condo, a contested alimony provision in their prenup, and a separation […]

SPLITTING-UP: Equitable Division of Marital Assets and Debts

Part of almost any divorce is dividing the Marital Estate. In South Carolina, the law requires “equitable division.” This includes identification, valuation, and fair division of the Marital Estate. What’s fair is largely in the discretion of the judge, which is one reason negotiating a settlement may be in your best interest. In South Carolina, […]

Snooping and Spying Spouses

It’s a horrible feeling when you “know” in your gut that your spouse is cheating, but if you’re not careful snooping may land you in a great deal of legal trouble. A 2012 Wall Street Journal article reports several instances of spouses who were convicted of stalking, harassment, invasion of privacy, and violations of the […]

Be Warned: Facebook, Text Messages, E-mail, etc. Are All Fair Game

In the legal world it’s called Electronic Discovery (E-Discovery), in the “real world” it’s called spying or even “cyber-stalking” but regardless of the label, your cyber-presence can be used against you in court.  There are numerous examples of Facebook, text messages, e-mail, etc. being used as evidence of adultery, poor parenting, to refute an alibi, […]

Prenuptial Agreements: Do I need one and how do I know it will be enforceable?

Prenuptial Agreements (Also referred to as antenuptial agreements) were once thought to be for celebrities and the ultra wealthy (10 Biggest Celebrity Prenups).  Today, however, they are much more common.  Some are getting married for the second time and want to avoid another difficult divorce, and others simply look at the high rate of divorce […]