What does Joint Custody mean?

Joint custody can be defined in many ways and should be detailed in a Custody Order. In many cases, parents share joint custody with one of the parents as the primary custodian. In this case, the child lives primarily with the primary custodial parent and that parent makes the primary decision regarding the child's care and well being. The secondary custodian can usually make decisions when the primary custodial parent is unavailable, such as a needed medical treatment consent or decision needed by the child when the primary custodial parent can't be located. The important thing to remember is that there is no one answer. The Custody Order dictates each situation and the terms of custody can be modified as the parents see fit or as needed.

Call an attorney today to discuss your custody options.

Facebook - Friend or Foe?

As a Divorce lawyer, I have had many clients bring me evidence of a spouse's or opposing party's bad or contradictory behavior obtained from a posting on Facebook. Over the past several months I have come across many cases where a party will post things on Facebook that contradicts their statement, complaints or other documents filed in a Divorce or Custody case. This recent article highlights potential pitfalls of posting Facebook when going through a legal matter in Family Court? I would love to get your input as to any similar experience you may have had or whether you think this type of information should be allowed? Your comments are welcome.

Is the cost of Divorce too High?

Who do you think is responsible for the high costs associated with a divorce or custody hearing? Should attorneys offer alternative fee arrangements to hourly billing?

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.

Is Alimony Still Relevant in South Carolina Court?

What do you think? Are South Carolina Court less likely to award alimony in this day and age that in the past?

South Carolina law (S.C. Code Ann. § 20-3-130(C) (Supp. 2008)) provides that in determining an award of Alimony, Court must "consider and give weight in such proportion as it finds appropriate to all of the following factors:

(1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;

(2) the physical and emotional condition of each spouse;

(3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential;

(4) the employment history and earning potential of each spouse;

(5) the standard of living established during the marriage;

(6) the current and reasonably anticipated earnings of both spouses;

(7) the current and reasonably anticipated expenses and needs of both spouses;

(8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;

(9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;

(10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

(11) the tax consequences to each party as a result of the particular form of support awarded;

(12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and

(13) such other factors the court considers relevant."

Any thoughts out there from those that have gone through a divorce and request for for Alimony?

How Can you help your Attorney help you with your Divorce?

One of the most important things that I like for clients to do is to write down what they would like to accomplish in this divorce and their disagreements with their spouse. It helps to focus the client on what is important to them because sometimes the attorney might have have a completely different focus on what you want. It also helps to determine your expections with the court system.

As much as letting a client know their legal options, I like to help clients transition through this painful process to hopefully get their life back to a normal place or better. Being able to give a client some peace of mind helps determine if the attorney and client are a good fit.

Going through a divorce can be like jumping out of a plane. Your attorney is similar to a parachute to help with the landing. If both you your attorney know what you want and expect, it will help to determine your legal rights and whether all of your complaints can be addressed through court.

Divorce Client Frustrations with Attorneys

With the current recession and increased stresses involved with divorce and family law cases, I am curious as to what the average person's complaint with how attorneys are dealing with their concerns. What can attorneys do to help clients cope? What are the biggest complaints when dealing with attorneys in divorce and family law cases? I am seeking constructive criticism?

Domestic Problems?

Families comes in all shapes andsizes. Therefore, it is difficult to develop laws to resolve all legal issues involving the family. For this reason, family laws regarding divorce, child custody, child support, alimony, and property division are complex in nature and Family laws are hence quite complex in nature and difficult for the average individual to follow and comprehend. Family law covers all aspects of domestic issues between parents, children, husbands, wives and domestic partners. Laws vary from place to place and courts consider different factors in their decision making.

If you have questions regarding a family law or domestic matter, a family lawyer then help is just a click away. Call as early in the process as possible to avoid losing a much needed advantage. It is worth the consultation fee. A family law attorney can help you with your family issues like divorce, legal separation, alimony, domestic violence, child custody, child support, division of marital property and debts, etc. Many attorneys are also certified mediators and can provide you with mediation support if you and your family would like to try to reach an agreement on the issues through negotiation. A mediator is a third party who can assist you and your family in reaching a joint resolution to the problems.

Mediation versus Litgation

The two biggest differences between mediation and litigation are (1) mediation allows the parties to decide the outcome of their legal issues, while with litigation Judges decide the outcome of the legal issues; and (2) mediation is generally less costly and time consuming than litigation. For parties who have children, mediation may be particularly attractive as a means of making the process easier for them.

Mediation is a problem solving process where a neutral third party helps the parties facilitation discussion that allows the parties to mutually discuss and compromise as a way to settle issues such as child custody, child support, and property division. As a Certified Family Court Mediator, we can help you determine if mediation is right for you.

Litigation involves using Judges and Courts to decide the legal issues. The parties have to worry about witnesses, evidence, testifying and proving their version of the legal issues. Speaking with an attorney can help you explore your case and determine which is the best alternative for you.

We welcome you posts regarding questions and experiences with mediation and/or litigation in South Carolina.