Many spouses wonder what the consequences would be on their Social Security benefits if they were to get divorced. Experts at the AARP and the Social Security Administration provide this information: If you are age 62-plus, were married 10 years or more, and are currently unmarried (and you are not entitled to receive a higher benefit based on your own work), you… Continue Reading
Category Archives: Divorce
Subscribe to Divorce RSS FeedEquitable Division of Assets in South Carolina
Posted in Assets and Debts, Divorce, Financial Issues, SeparationMost people understand that during a divorce or separation, property and debts must be divided. In South Carolina, the judge hearing your case in Family Court will divide all of your marital assets as equitably as possible. This does not always mean an even split, but it often involves taking the assets of one party and… Continue Reading
Are You on the Hook for Your Spouse’s Business Debt?
Posted in Assets and Debts, Divorce, Financial Issues, SeparationA recent Fox Business article discussed a fairly common situation where a couple was facing divorce and the husband owned his own business. The wife worried that the credit cards he was using for business expenses might become a problem for her, lowering her credit score or becoming her responsibility in the event that her… Continue Reading
South Carolina Legislature Considers Shortening Waiting Period for Divorce
Posted in Divorce, ProcedureUnder current South Carolina law, a couple wanting to divorce must live separate and apart (i.e., not in the same home) for at least one year, unless there has been no adultery, alcohol/drug abuse, or physical cruelty. Under a bill that is currently pending in our House of Representatives, the wait time for a “no fault”… Continue Reading
Top 10 Things Not to Do When Starting a Divorce Case
Posted in Divorce, Practice Tips, SeparationThere are numerous articles on my blog and elsewhere with recommendations about things you should do when facing a separation or divorce. The following recommendations from my friend, Dick Price, provide excellent advice about what you should avoid doing in that situation: Don’t destroy records, including emails and other electronic information. Emails and website postings are… Continue Reading
Questions to Consider When Asking “Should I Separate Or Divorce?”
Posted in Divorce, Relationships, SeparationA recent article discussed the question some couples face after months (or years) of fighting – should we separate or divorce? The question is an important one, given how much the decision will ultimately impact the lives of those involved. While divorce can be a welcome relief for some couples, no one wants to rush into… Continue Reading
Pregnant Man in Arizona Plans to Appeal Denial of His Divorce
Posted in Divorce, Jurisdiction, Marriage, Medical Issues, Procedure, SeparationAn attorney who represents Thomas Beatie, a transgender man in Arizona who gave birth to three of his children after changing his sex from female to male, has been denied a divorce. The Arizona judge said that state laws do not recognize same-sex marriage and that he is not allowed to grant a same-sex divorce…. Continue Reading
List of Items to Consider for Parents Who Are Separating or Divorcing
Posted in Child Custody, Children, Communication, Dispute Resolution, Divorce, Relationships, Separation, VisitationResponsible parents realize that nothing is more important than the well-being of their children, and they keep that in mind even when they separate or divorce. In a perfect world, parents would put aside their differences and squabbles and act civilly and responsibly around their children and towards one another. Unfortunately, all too many times that… Continue Reading
The Importance of Intellectual Property in a Divorce
Posted in Assets and Debts, Divorce, Financial IssuesEveryone’s read stories about some of the nasty fights that go on when celebrities divorce. The cases can become bitter fast and can stretch on for far longer than necessary. Sure, the couples are fighting about money and children and custody time, but one of the subjects that celebrities often fight over, and that even… Continue Reading
South Carolina Man in Hot Water for Forging Divorce Documents
Posted in Divorce, Marriage, Research & InvestigationJust last weekend agents with the South Carolina Law Enforcement Division filed charges against a 45-year-old man from Summerville who allegedly forged important legal documents. Just what were these legal papers? Divorce papers. The man, Edward Brown, sent the divorce papers to his girlfriend to try and convince her that he was divorced and that… Continue Reading
North Carolina Senate Considers Two-Year Waiting Period For Divorce
Posted in Communication, Dispute Resolution, Divorce, Educational Resources, Marriage, Procedure, Relationships, SeparationNorth Carolina lawmakers recently took a surprise step when a measure was proposed to create a waiting period of two years for those couples considering divorce. Beyond the wait, the bill would also require couples to undergo marriage counseling before being granted a divorce. The measure is backed by a group of Republican legislators who want… Continue Reading
Understanding the True Value of Retirement Assets Is Key to Equitable Division of Assets
Posted in Assets and Debts, Divorce, Financial Issues, Practice Tips, SeparationSouth Carolina, unlike some states, is not a ‘community property’ or ‘50/50’ state, but rather follows the ‘equitable distribution’ model, which means the Family Court weighs many factors in dividing the marital assets and debts when spouses separate or divorce. These factors include the duration of the marriage, the misconduct on the part of a… Continue Reading
Do Celebrities Really Divorce More Often Than The Rest Of Us?
Posted in Divorce, Relationships, SeparationThough we all hear about celebrity divorces on a near constant basis, it’s hard to tell through all the blaring headlines whether celebrities really divorce at a quicker rate than the rest of us. After all, the press is likely only highlighting the most ridiculous or sensational cases, not taking into account all the other,… Continue Reading
Record Breaking Divorce Settlement Possible in Oklahoma Case
Posted in Assets and Debts, Dispute Resolution, Divorce, Financial Issues, SeparationThankfully it’s not a problem faced by many couples in the midst of a divorce here in Greenville or Spartanburg, South Carolina, but one case that’s currently pending in Oklahoma could take the cake as the biggest settlement in history. The case pits Sue Ann Hamm against her oil baron husband, Harold Hamm. Harold appeared on… Continue Reading
Handling Spring Break Visitation While Separated or Divorced
Posted in Children, Communication, Divorce, Separation, VisitationSpring break can be an especially hectic time for separated or divorced families. Even in the best situations, juggling children, schedules, and different vacation plans between two different households can be a challenge. Waiting till the last possible minute to put together plans makes an already challenging situation much worse. Taking a few steps ahead… Continue Reading
Important Steps To Take If You’re Preparing For A Divorce
Posted in Attorney-Client Relationship, Divorce, Financial Issues, Practice Tips, Procedure, Research & Investigation, Separation, Tax IssuesThe process of deciding whether to seek a divorce can be a long and difficult one. There are many emotional and financial calculations that go into making this decision, and many couples wrestle with the issue for a considerable amount of time before feeling confident with their conclusion. Taking the necessary time to know that your… Continue Reading
Impact of Divorce On Your Child’s Religion
Posted in Children, Divorce, Research & InvestigationA recent study out of Baylor University revealed that children whose parents went through a divorce and who were actively religious were more likely to change religion or shy away from it altogether as adults. More specifically, the study says that children raised in single-parent households following a divorce are more likely to change or… Continue Reading
How To Dismiss A Divorce Case In South Carolina
Posted in Divorce, Marriage, Procedure, RelationshipsOnce a divorce petition has been filed in South Carolina, most people think the marriage is all but over. While filing for divorce is typically the beginning of the end, there are many situations where one or both parties may decide they no longer want to move forward with a divorce. Calling it off is possible so… Continue Reading
How To Keep Costs Down During A South Carolina Divorce
Posted in Attorney-Client Relationship, Dispute Resolution, Divorce, Financial Issues, Psychological IssuesEveryone already thinks divorce is an expensive proposition. In fact, many people think that “money-stealing attorneys bleed clients dry”. The reality is that divorce can actually be quite affordable and usually only becomes expensive when couples lose their cool and use the legal process as a tool to exact revenge on former spouses. There are… Continue Reading
How to Tell Your Spouse That You Want a Divorce
Posted in Communication, Divorce, Practice Tips, SeparationThe following article was originally published several years ago by my friend Dick Price and it’s still great advice today. Considering the number of people getting divorced, these issues are faced almost daily. If you are facing a divorce, I hope that this information is helpful: Divorces usually begin one of three ways. Either your spouse tells you that… Continue Reading
Should You Fight to Keep the House in a South Carolina Divorce?
Posted in Assets and Debts, Divorce, Financial Issues, SeparationOne of the most commonly asked questions by those facing divorce is what to do about the house. Prospective clients almost always want to know whether they should fight to keep it, sell it, or give it to their soon-to-be ex. The answer, however unfulfilling, is that it depends, because there are a lot of… Continue Reading
How Might the American Taxpayer Relief Act Affect Your Divorce?
Posted in Divorce, Financial Issues, Tax IssuesWhen Congress passed the recently enacted American Taxpayer Relief Act on January 1, 2013, the goal of the legislation was to keep the economy from falling off the proverbial “fiscal cliff.” In an attempt to avoid what would have been a massive rise in tax rates in conjunction with a massive drop in government spending,… Continue Reading
How Children’s Reactions to Divorce Differ between Age Groups
Posted in Children, Divorce, Psychological Issues, RelationshipsThe following Guest Post is from David Williamson: Divorce is very common these days. In fact, in the USA around half of all marriages end in divorce and around 25% of children under 16 now live with a step-parent. With statistics like this in mind, it is important to consider how this will affect the next… Continue Reading
Protecting Your Retirement During & After Divorce
Posted in Assets and Debts, Attorney-Client Relationship, Divorce, Financial Issues, SeparationGoing through divorce can be devastating at any age, but after the age of 40 it can be especially difficult. Typically, clients who face divorce over the age of 40 have been married many years and must face divvying up many years worth of accumulated property and, hopefully, wealth. Even in dark economic times when couples fear their wealth… Continue Reading