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Family law issues are often very challenging to deal with because, in addition to the legal matters, there are strong emotions involved which complicate the issues and can affect the judgment of the parties. Issues involving the parenting of children and their support can seem unresolvable. In divorce and child custody cases in particular, the adversarial process has increased tensions between the parties that do not abate even when the process is complete. I work closely with each of my client's to advocate for their rights, minimize tension, and find a resolution that is best for the entire family.
Are you thinking about filing for divorce or have you received divorce papers? Divorce laws can be very confusing, but I can guide you through the process.
In South Carolina there are three common fault grounds for divorce. They are adultery, habitual intoxication and physical cruelty. S.C. also allows for a “no fault” divorce, if the couple has lived separately, without relations, for a period of one year or more.
South Carolina does not have a formal process for legal separation; however, it is not uncommon for couples to decide to live separately as if they were not married and create an agreement to live apart. When this occurs, the couple may wish to have the same type of agreements in place that would pertain to a divorce. I can help you get an order of separate maintenance and support when you need to be apart and want to resolve your marital issues or do not have a fault ground for divorce.
Child support payments may be awarded to either a custodial parent or a parent with joint custody rights depending on the financial status of the parent. A small difference each week can make a huge difference over the course of the enforcement of a child support order. I can help ensure that the correct support is paid based on the Child Support guidelines. I can also help when support issues arise due to a change in circumstances, loss of a job or with collection issues.
Spousal support payments are determined based on a variety of factors. I will be happy to fight for your rights when continuing your marriage becomes impossible.
If you are worried about where your child will live? And the parents often cannot agree, the court can make the decision for you. This decision will affect your child for years to come. it is so important to retain an attorney that can explain your options.
If the court has ordered child support, spousal support payments, or a division of property, and those orders are not being followed. I can help you file a contempt of court proceeding to enforce payments. Many times, the court will even award you your attorney fees and costs incurred in enforcing the order.
I can help when there may be a question of paternity. establishing paternity will allow the parents to work out an equitable parenting plan so the child has contact with both their mother and father. This also provides the ability to share the financial responsibility of raising a child.