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 […]

Protecting the Best Interests of an Incapacitated Adult – When, Where, What, Who, Why, and How

WHAT:  A Guardian is appointed to manage the personal and medical care of an incapacitated person (“ward”).  Whereas, a Conservator is appointed to manage the ward’s finances.  A Guardian is responsible for ensuring the ward has a clean, safe, comfortable, and appropriate home and for making sure the ward receives appropriate medical and health care.  Guardians […]

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 […]

Tips for The Wise Divorcee

Once a judge signs your “Final Order and Decree of Divorce” the divorce process is complete.  You’re free to walk naked in your home, go on a trip, and dominate the TV remote (for other ideas see: Thrive in Life).  There, however, are likely loose ends that you should tie up to ensure nothing throws […]

10 Myths About South Carolina Family Law

1.  If you were married in S.C., your divorce should be filed in S.C.  Where you were married is not relevant in determining where you can get divorced; where you and your spouse currently reside is what matters.  In order to file for divorce in S.C., at least one of the parties must have been […]

SC Child Support Guidelines and Shared Parenting

Section 4.1 of the South Carolina Child Support Guidelines states that “[f]or the purpose of this section, shared physical custody means that each parent has court-ordered visitation with the children overnight for more than 109 overnights each year (30%) AND that both parents contribute to the expenses of the child(ren) in addition to the payment […]