South Carolina Orders of Protection & Restraining Orders

It is a sad fact that many relationships lead to abuse or violence. South Carolina law allows victims of domestic abuse to seek what is known as an “order of protection” through the Family Court. This is a type of restraining order. But while a restraining order may be sought against anyone who is threatening or harassing you, an order of protection applies to a member of your household… [Continue reading]

Military Retirement Pay After Divorce

Military spouses commonly assume that there are hard and fast rules about military pensions after divorce.  They may think they have a right to a portion of the pension based upon the length of their marriage.

In fact, there’s no federal law that gives them this right. Instead, the Uniformed Services Former Spouse Protection Act (USFSPA) allows state courts to divide military retirement benefits in the same way that… [Continue reading]

Understanding Military Health Insurance After Divorce

military health insurance

If you’re married to someone in the military, you haven’t had to worry about health insurance lately. But if that marriage is ending, you’re likely concerned about whether you’ll be left without healthcare coverage once the divorce is final.

The good news is that all military spouses can get at least temporary health care coverage after a divorce. And some will keep their full military benefits. The level… [Continue reading]

Mothers’ Rights in a Divorce

A divorce is hard on all parties involved, especially a mother with minor children. The mere prospect of divorce raises questions regarding child custody, alimony, and division of property. The law in these areas has changed substantially over the years, as wives are now treated more as equals and less as mere dependents of their husbands.

Child Custody

A divorcing mother’s first question is usually, “Who will… [Continue reading]

Child Support Factors in South Carolina

Every state in the country has basic child support guidelines that are similar in many ways, but different enough to reflect each state’s unique posture towards child support. Some states try to simplify the child support calculation by just working with a payor’s net income number, and allowing a scant few deductions such as basic federal and state taxes and medical insurance in an effort to “get tough” against… [Continue reading]

12 Divorce Resources for Children and Teens

A parents’ divorce forces children to confront a seismic change in their lives.

They may have to adjust to living in two homes instead of one.  There may be a new boyfriend or girlfriend at mom’s or dad’s house.

They may feel they’ve been thrust in the middle of a battle between two warring parents, with each asking them to take sides.

They may feel angry, guilty… [Continue reading]

Types of Child Custody in South Carolina

child-custody

For many parents, the prospect of not seeing their children every day is one of the most gut-wrenching parts of a divorce.  And regardless of where the children live, most parents want to continue to be involved in the major decisions that affect their children’s lives.

But it’s not these parental needs that determine how child custody will be decided.  Instead, judges award child custody based on the… [Continue reading]

The Five Best Divorce Blogs for Women

Divorce is an emotional roller coaster.  It can make you feel crazy, frightened, depressed and giddy.  You suddenly have to navigate legal, financial, parenting and relationship issues that you probably never expected to confront.

Divorce blogs can help you find your way through a divorce. A good divorce blog can offer the comfort of a virtual friend who’s been through the process and survived.  It can offer expert financial… [Continue reading]

Does Your Spouse Automatically Get Half Your Assets?

If each divorcing spouse automatically got half of the marital assets and debts, most people could probably handle their own divorces and many matrimonial attorneys would be looking for another line of work.

But of course it is never as simple as that.

South Carolina, like most states, is a state where Family courts bend over backwards in an effort to be “fair” and “equitable” to the parties… [Continue reading]

Keeping the House After Divorce

charleston-house

For most married couples, their home is their biggest asset. So what happens to that asset in the event of a divorce? Under South Carolina law, any “marital property” is subject to “equitable apportionment.” This means a judge need not split a couple’s assets 50/50, but rather must ensure each party is treated fairly. Ideally, the divorcing couple will reach their own settlement as to the disposition of marital… [Continue reading]