Do My Spouse and I Need to Agree to Get a Divorce?

wedding-ring

The short answer, assuming you’re in South Carolina, is no: you and your spouse do not need to agree to get a divorce as long as one of that state’s grounds for divorce is supported by the facts of your case. Divorce law differs from state to state. South Carolina law provides several grounds for divorce. However, you have to meet certain residency requirements before you can file.

If… [Continue reading]

South Carolina’s One-Year Waiting Period?

one-year

When couples reach the difficult decision to get a divorce in South Carolina, most people think they can fill out a few papers, maybe get an attorney and walk away with a divorce judgment in hand within a month or two. But South Carolina has a year-long waiting period for couples that file for essentially a “no-fault” divorce, where a marriage is irretrievably broken.

Some states allow the parties… [Continue reading]

Legal Separation or An Order of Separate Maintenance and Support?

legal-separation

Married couples living apart may say they are “legally separated,” but South Carolina’s laws don’t provide for a “legal separation.” Instead, if a husband and wife are living separately, either of them may apply for an order of separate maintenance and support. [Continue reading]

Understanding “No-Fault” Divorce in South Carolina

No Fault DivorceSouth Carolina, like every other state, permits spouses to end their marriage through a “no-fault” divorce. Unlike a traditional divorce where there is proof of wrongdoing by one party—adultery, physical cruelty, et cetera—a no-fault divorce requires only that the spouses separate and live apart for a period of time. Legally, no-fault divorces are said to result from “irreconcilable… [Continue reading]

The Importance of Clear Goals and Communication

by Anthony P. LaMantia, III, Esq.
May 18, 2012

One of my favorite things to discuss with clients on my initial interview is the movie “Jerry Maguire”.  For my clients who are old enough to remember the film (yes, really), I bring them back to the famous scene in the locker room where Tom Cruise is pleading with Cuba Gooding, Jr., “HELP ME HELP YOU!”  For a lawyer and… [Continue reading]

The Importance of Building a Record — Responsibly

by LaMantia Law Firm
April 23, 2012

Just when sports fans across the country thought they had heard the last from “Neon” Deion Sanders, the retired flamboyant defensive back has managed to work his way back into the news.  Unfortunately, this time it wasn’t for kick returns or interceptions, but rather for his very public handling of a family law issue.

According to Twitchy.com, an aggregator of postings… [Continue reading]