How do I get a legal separation? There is no such thing as “legal separation” in South Carolina. Instead, the South Carolina Family Courts will issue Orders of Separate Maintenance and Support. Such orders will provide specific details regarding child custody, visitation, child support, spousal support, as well as maintaining marital assets and paying marital debts until the case is …

South Carolina’s Protection from Domestic Abuse Act (S.C. Code Ann. 20-4-10 et seq.) gives the family court the special authority to intervene in cases with allegations of domestic violence between “household members.” This protects wives, husbands, former spouses, persons who have a child in common, a male and female who are cohabitating or formerly cohabitated, children, and other close relatives …

In South Carolina, you must prove you are entitled to be granted a divorce from your spouse. Many divorces in South Carolina are now granted on the no-fault ground of the two spouses living separate and apart for a period of one year without reconciliation. The other grounds are fault-based and can include: Adultery Physical abuse or cruelty Habitual alcohol …

Once a judge signs a court order, it becomes enforceable by the contempt powers of the court.  This is true whether the order was the result of a contested trial or hearing, or whether the order was entered after the parties crafted their own agreement and consent order. To establish that the offending party is in contempt of the court …

For many people, the divorce process can seem far too adversarial and contentious. While the traditional method of divorce works for many, others find it destructive and too damaging when they must stay in contact with their former spouse or simply don’t want such a harsh environment to dissolve their marriage. This makes collaborative divorce a very attractive option. In …

Every state has Child Support Guidelines that provide a formula for calculating the amount of child support to be paid when two parents no longer raise their child(ren) in the same household. When calculating child support, the following factors may come into play: The number of children from your current relationship The number of children from a previous relationship Any …

What Is Visitation & Custody? Visitation and custody are terms used to describe physical custody schedules that reflect where the child(ren) live day-to-day. Legal custody describes the ability to make decisions about your child(ren)’s lifestyle(s). Legal custody can be joint, or sole, depending on the circumstances of the case, but we find that sole legal custody to one parent over …

In South Carolina, the Supreme Court has designated mandatory mediation, which requires that people who are involved in family court lawsuits must schedule and attend mediation together prior to having their domestic claims set for trial in the courtroom. It has become more common for parties to be able to resolve their issues with the assistance of their attorneys and …

The court considers many aspects when deciding on alimony payments, including: The length of the marriage The ages of the parties Physical and mental health Education and work experience The earning potential of each spouse Any need for retraining orders The standard of living during the marriage Child custody and visitation schedule Existing court obligations Any marital misconduct In South Carolina, …