Tuesday, May 25, 2010

When Should you get your Legal Fees paid during Divorce?

When is it appropriate to be awarded your legal fees and costs from the opposing party in your Divorce case? Judges have the discretion, subject to certain factors and considerations. Get a professional opinion regarding your case.

What constitutes Equitable Division?

South Carolina courts have determined that equitable division of the marital estate needs to be "appropriate." But what is appropriate in the eyes of the law? There is a trend in courts for an equal apportionment of marital property. While it is in the discretion of the Judge, there are several factors that should be considered including the length of the marriage, fault of parties, assets and debts, etc. Take a look at this case for more information.

Appointed Counsel in Child Support Cases?

While Courts appoints counsel in abuse and neglect cases involving the Department of Social Services, should they do the same for Child Support Contempt cases?

Saturday, May 22, 2010

Pro Se Divorce - Is it a good or bad thing?

The South Carolina Bar website now offers instructions and forms that allow individuals to represent themselves in family court regarding divorces on one year continuous separation or 'no fault' divorces as they are commonly called. This "Self-Represented Litigant Simple Divorce Packet" is available for both Plaintiffs and Defendants involved in the litigation. There are differing opinions on providing the forms online, however, it will definitely be useful to those who feel comfortable navigating their way through the legal system. Are there any thoughts or opinions regarding the forms? Has anyone used them?