Some people choose to spend a lot of time, effort, and money fighting over personal property. However, as experienced family law attorneys know, there is a better way to handle those issues. The following post explains a common sense approach to dividing personal property in a divorce (or separation) case: The division of personal property in… Continue Reading
Category Archives: Family Law Basics
Subscribe to Family Law Basics RSS FeedTop Ten Things To Do Before Your Divorce
Posted in Divorce, Divorce & SeparationThere is no substitute for planning, and planning for your divorce can make the process go smother, lower your lawyers fees, and help ensure you emerge on the other end of the case ready to move forward, and with the least amount of emotional and financial damage. The following “Top 10 things to do if… Continue Reading
Tips for Divorced Parents
Posted in Child Custody & Visitation, ChildrenBirthdays and holidays can be especially problematic for newly divorced parents who share custody of their children. Naturally, it will take some time for your family to adjust to the new parenting arrangement. Avoiding confusion, ambiguity and the resulting conflict is essential to maintaining healthy relationship with your children. Emily Doskow at Nolo has written… Continue Reading
Another Way to Catch Cheating Spouses
Posted in Divorce, Divorce & Separation, Research & Investigation, Separation, TechnologyCheating spouses now have one more way to get caught in their philandering. Electronic toll collection systems are emerging as a powerful means of proving infidelity. Attorneys can obtain records from these services and use that information to prove that a spouse was not where he/she claimed to be. The Associated Press reports that agencies… Continue Reading
Ways to Change Child Custody
Posted in Child Custody & Visitation, ChildrenWhat happens when one parent wants to change custody after there is already an existing child custody order? I have received several inquiries on this topic recently, which is very common this time of year, since school resumes in a few weeks. In these cases, the parent wanting the change has basically two options, depending… Continue Reading
Psychological Parents in South Carolina
Posted in Child Custody, Child Custody & Visitation, Children, Procedure, Relationships, VisitationA psychological (or de facto) parent can be defined as a person who has, on a day-to-day basis, undertaken a parental role through interaction, companionship, interplay, and mutuality, that fulfills a child’s physical and psychological needs and provides for a child’s emotional and financial support. South Carolina has adopted a four-prong test for determining whether… Continue Reading
Tax Mistakes to Avoid During Divorce
Posted in Divorce, Divorce & Separation, Financial IssuesReasons to consider filing your taxes separately from your spouse: You don’t trust your ex. When you sign a joint return, you can be equally liable for all taxes, penalties and interest owed. If your ex-spouse doesn’t pay, the IRS can come after you for the whole amount. However, you might be able to claim… Continue Reading
Should Parents Be Entitled to Have Attorneys Appointed to Represent Them in Child Custody Cases?
Posted in Attorney-Client Relationship, Child Custody, Child Support, ProcedureA mother who lost custody of her three children in a divorce has argued to the Washington Supreme Court that she should have had an attorney appointed to represent her. The woman, who only has a ninth-grade education, attempted to get pro bono representation, but she was declined because of the complexity of her case. … Continue Reading
Even Celebrities Can Benefit from Parenting Classes
Posted in Child Custody, Child Custody & Visitation, Children, Dispute Resolution, VisitationToo often in child custody cases, children are asked the following questions or subjected to these comments: “Who do you love more? ‘Mommy’ or ‘Daddy?’” “Was mom’s boyfriend there?” “Your father is always late on payments.” Children should never be put in the position of having to deal with “adult” issues. Just because their parents… Continue Reading
Child Support When The Child Is Not Yours
Posted in Child Support, Child SupportFor many people, conceiving a child is easy, but figuring out who should pay child support for that child can be complicated. In South Carolina, if a child is born during a marriage, the husband is presumed to be the legal father of that child. If the wife had an adulterous affair, the husband will… Continue Reading
Do I have to pay child support if my ex keeps me away from my kids?
Posted in Child SupportYes. Child support should not be confused with custody and visitation. Every parent has an obligation to support his or her children. With one narrow exception, no state allows a parent to withhold support because of disputes over visitation. The exception? If the custodial parent disappears for a lengthy period so that no visitation is… Continue Reading
Are courts more likely to award custody to mothers than to fathers?
Posted in Child Custody & VisitationIn the past, most states provided that custody of children of “tender years” (about five and under) had to be awarded to the mother when parents divorced. In most states, this rule has either been rejected entirely or relegated to the role of tie-breaker if two otherwise fit parents request custody of their preschool children…. Continue Reading
Can I be excused from the child support debt I accumulated while I was out of work temporarily?
Posted in Child SupportJudges in most states are prohibited by law from retroactively modifying a child support obligation. This means if a person becomes unable to pay support, he or she may petition the court for a reduction, but, even if the court reduces future payments, it will most likely hold the parent liable for the full amount… Continue Reading
What is divorce mediation, and how is it different from arbitration?
Posted in Property DivisionDivorce mediation is a process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party: the mediator. The mediator helps the spouses to communicate and negotiate but doesn’t make any decisions for them. Both mediation and arbitration involve a neutral third party who is not a… Continue Reading
When is it important for an unmarried couple to make a written property agreement?
Posted in Property DivisionIf you haven’t been together long and don’t own much, it’s really not necessary to make a written agreement. But the longer you live together, the more important it is to prepare a written contract making it clear who owns what — especially if you begin to accumulate a lot of property. And, if you… Continue Reading
What You Can’t Do With A Prenup…
Posted in Divorce & SeparationMake rules about nonfinancial matters. For practical reasons, you should keep personal agreements out of your prenup. Here is a partial list of nonfinancial matters that sometimes find their way into prenups, but are better dealt with separately. Of course, the possible issues are endless and you may well think of many that aren’t mentioned… Continue Reading
What You Can’t Do With A Prenup…
Posted in Divorce & Separation“Encourage” divorce. At one time, many courts viewed any prenup specifying how things would be divided up in case the couple splits as void and unenforceable because it promoted divorce. The modern approach allows such agreements, but judges in some states still take a hard look at them. If the agreement appears to offer a… Continue Reading
What You Can’t Do With A Prenup…
Posted in Divorce & SeparationGive up the right to alimony, in a few states. A handful of states similarly limit your ability to give up your right to alimony — also called spousal support or separate maintenance — if there is a divorce. Other states permit such waivers, so you will need to know what your state laws say… Continue Reading
What You Can’t Do With A Prenup…
Posted in Divorce & SeparationThere are some things you just can’t — or shouldn’t — do with a prenup. State laws differ as to what matters are considered off-limits. However, as a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable — and may even jeopardize other valid aspects… Continue Reading
What You Can Do With A Prenup…
Posted in Divorce & SeparationIn addition to the reasons listed so far, there are countless other uses for a prenup, depending on your circumstances. Here are some examples of other matters people include in their prenups: whether to file joint or separate income tax returns or to allocate income and tax deductions on separate tax returns who will pay… Continue Reading
What You Can Do With A Prenup…
Posted in Property DivisionDefine who gets what if you divorce. Without a prenup, state law will specify how your property will be divided if you ever divorce. These laws may dictate a result that neither of you wants. You can use a prenup to establish your own rules for property division and avoid potential disagreements in the event… Continue Reading
What You Can Do With A Prenup…
Posted in Property DivisionKeep property in the family. If your property includes something you want to keep in your birth family, whether it be an heirloom or a share in a family business, you and your spouse can agree that it will remain in your family, and you can specify that item in your prenup. This can even… Continue Reading
What You Can Do With A Prenup: More
Posted in Property DivisionProvide for children from prior marriages. A prenup is helpful (perhaps essential) if either of you has children from another relationship and you want to make sure that your children inherit their share of your property. In a prenup, one or both spouses can give up the right to claim a share of the other’s… Continue Reading
What You Can Do With A Prenup: Continued
Posted in Property DivisionProtect each other from debts. Some of us bring debts, as well as assets, to a marriage. If there’s no prenup, creditors can sometimes turn to marital or community property to satisfy the debts of just one spouse. But if you want to make sure that saying “I do” does not mean saying “I owe,”… Continue Reading