FAQs

Lisa Speer

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 …

FAQs

Lisa Speer

How do I get a legal separation? There is technically no such thing as a “legal separation” in North Carolina. You are legally separated when at least one spouse has left the residence with the intent to live separate and apart and to cease the marital relationship. If you require legal documents demonstrating your separation prior to divorce, the law …

Domestic Violence

Lisa Speer

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 …

Domestic Violence

Lisa Speer

What is domestic violence? North Carolina law defines domestic abuse as attempting to cause or intentionally causing bodily injury. Domestic violence can also involve placing a person in fear of imminent serious bodily injury or harassment that causes substantial emotional distress. Additionally, these acts must be perpetrated by someone who meets a certain relationship standard, defined by the statutes as: …

Divorce

Lisa Speer

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 …

Divorce

Lisa Speer

While North Carolina is a no-fault divorce state, it does have a separation requirement. The spouses must live separately for twelve months, with the intention to do so permanently prior to filing an action for divorce. During the separation period, and before the divorce can be finalized, the divorcing spouses must raise all legal issues that involve alimony or property …

Contempt & Enforcement

Lisa Speer

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 …

Contempt & Enforcement

Lisa Speer

When a judge signs an order, it is enforceable through the contempt powers of the court.  To establish a party subject to the order is in contempt of court, the party filing the contempt motion must show that: The order is still in effect; The purpose of the order can still be served by compliance with the order; The failure …

Collaborative Divorce

Lisa Speer

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 …

Collaborative Divorce

Lisa Speer

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 …