A recent New York Times article discussed an especially scandalous story involving hedge fund millionaires, a love child and a potential gold-digging, Mount Everest-climbing socialite. The story begins in Aspen, Colorado, a city full of wealthy jetsetters looking to mingle. It was there that Warren Lichtenstein, a Wall Street financier, met Annabelle Bond, a British… Continue Reading
Category Archives: Jurisdiction
Subscribe to Jurisdiction RSS FeedPregnant 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
U.S. Supreme Court Gives Hope to Parents Embroiled in International Custody Dispute
Posted in Child Custody, Jurisdiction, ProcedureA heart-breaking custody case out of Florida was recently decided by the United States Supreme Court that gave hope to a father fighting to get his daughter back. The case, involving a former member of the U.S. Army and his wife who left him and moved to Scotland with their young daughter more than a year… Continue Reading
Who’s Allowed to File For Divorce in South Carolina?
Posted in Divorce, Jurisdiction, ProcedureOne of the important questions many have when divorce is looming is where exactly you may file. Jurisdiction is a crucial issue in any legal proceeding, and it’s important to understand the rules in South Carolina. To file a divorce in South Carolina, you must have some connection with the state. Before you can file a… Continue Reading
Is My “Final Custody and Support Order” Really Final?
Posted in Child Custody, Child Support, Jurisdiction, Procedure, Trial of CasesThe short answer is “no.” Family courts have continuing and broad jurisdiction in most cases to enforce, modify or even revoke previous orders. Issues such as child custody and child support are almost always modifiable. Child custody changes require that any changes be “in the best interests of the children,” while most changes in child… Continue Reading
Divorce and the Trouble With Dual Citizenship in South Carolina
Posted in Divorce, Jurisdiction, SeparationWhat’s something that’s worse than divorce? The prospect of two divorces in two different countries. Red tape, bureaucracy, money, cultural differences, travel are some of the many problems faced by Americans facing a divorce in a second country. While this may seem like a problem that affects only a small group, the fact is many… Continue Reading
Can Your Husband or Wife Stop You From Divorcing?
Posted in Divorce, Jurisdiction, Separation, Trial of CasesThankfully, many divorcing couples are on the same page about their desire to get a divorce. The fights or problems communicating have been obvious to both parties for a while, and the decision to divorce was a long time coming. While it is unfortunate that the marriage is ending, the parties can take some comfort… Continue Reading
Police Use Facebook To Track Down Delinquent Dad
Posted in Child Support, Contempt of Court, D.S.S. Issues, Financial Issues, Jurisdiction, Research & Investigation, TechnologyWe have previously written about the dangers associated with Facebook when it comes to divorce, but we’ve never talked about the impact Facebook can have on child support arrangements. It’s common knowledge that South Carolina Family Court and law enforcement agencies are aiming to ensure that parents who owe court-ordered child support fulfill their financial… Continue Reading
Child Custody Cases Are Hard Enough, But Who Gets the Dog?
Posted in Assets and Debts, Divorce, Jurisdiction, Miscellaneous, Procedure, Relationships, SeparationAs everyone knows, child custody is one aspect of separation/divorce cases that can cause terrible bitterness and turn an otherwise amicable split into a drawn-out, expensive battle that leaves everyone battered and bruised, including the kids. The only good thing about child custody disputes is that they operate on an established set of laws and… Continue Reading
Drug Testing and Nasty Child Custody Disputes in South Carolina
Posted in Child Custody, Children, Jurisdiction, Medical Issues, Procedure, Psychological Issues, Research & InvestigationRecently, a family law expert, Henry Gornbein, wrote an editorial for the Huffington Post dealing with the effect of medical marijuana laws on custody disputes. The article concluded with a discussion about how even in states where medical marijuana is legal, a spouse possessing a valid medical marijuana card should still refrain from partaking while… Continue Reading
Be Careful What You Ask For in Family Court
Posted in Attorney-Client Relationship, Child Custody, Children, D.S.S. Issues, Guardian ad Litem, Jurisdiction, Practice Tips, Psychological Issues, RelationshipsI am pleased to publish the following guest post from my friend and fellow Spartanburg family law attorney, Gary M. Frazier: Several years ago I had a prospective client contact me from another state. He had learned that the Department of Social Services had removed his daughter from her mother here in South Carolina and… Continue Reading
Military Divorce in South Carolina
Posted in Alimony, Assets and Debts, Divorce, Financial Issues, Jurisdiction, SeparationDeciding how to split up a couple’s accumulated assets is a challenging but necessary task before any divorce can be finalized. This already tough job can be made even more complicated if one or both spouses is an active duty or retired member of the military. In such situations, one of the couple’s biggest assets… Continue Reading
Should VA Disability Benefits Be Subject to Alimony Claims?
Posted in Alimony, Divorce, Financial Issues, Jurisdiction, Marriage, Procedure, Separation, Trial of CasesA disabled vet has filed a petition before the U.S. Supreme Court asking the justices to consider whether states are permitted to allow divorce courts to count a veteran’s disability benefits when determining spousal support. The Air Force veteran, Peter James Barclay, also asked the Court to determine whether federal law prevents states from considering… Continue Reading
North Carolina Sued By ACLU Over Anti-Homosexual Adoption Laws
Posted in Child Custody, Children, Jurisdiction, Procedure, RelationshipsThe gay marriage controversy in North Carolina deepens as it was recently announced that the American Civil Liberties Union (ACLU) filed suit against the neighboring state to overturn their laws that prevent gay and lesbian couples from adopting their partners’ children. The lawsuit was filed on behalf of six couples from the state who are… Continue Reading
We’ve All Heard About Gay Marriage, But What About Gay Divorce?
Posted in Divorce, Jurisdiction, SeparationWe’ve all read the articles and listened to the talk shows about gay marriage. But what about gay divorce? Like any other relationships, gay marriages can sometimes go bad. And, although gay marriage is not recognized still in many states, courts are having to grapple with what to do when a legally married gay couple… Continue Reading
The Confusion of a QDRO
Posted in Assets and Debts, Divorce, Financial Issues, Jurisdiction, Procedure, Separation, Tax IssuesThe word itself seems very bizarre: QDRO. What is it exactly and why should you care? Well, if you’re going through a divorce you’ve likely seen some mention of the acronym. First things first, a QDRO stands for “Qualified Domestic Relations Order.” Now, what does it do you might be asking. Well, according to a… Continue Reading
States Move to Put the Brakes on Divorce
Posted in Children, Divorce, Jurisdiction, Procedure, SeparationDivorces are becoming more difficult to obtain in some states. For instance, if you want a divorce in Colorado, you may soon have to wait. A new bill is heading to the state legislature for approval and it seeks to add even more steps to the already complex divorce process. State Senator Kevin Lundberg is… Continue Reading
Grandparent Visitation in South Carolina
Posted in Children, Jurisdiction, Relationships, VisitationOne question that is frequently asked of family law attorneys is "What visitation rights do grandparents have with their grandchildren in South Carolina?" In this article, I will provide some historical context on this issue and then explain the answer to this question, at least as it stands today. Historical Background Prior to 2003, grandparent… Continue Reading
For Child Custody Purposes, Can A Parent Reside in More Than One State?
Posted in Child Custody, JurisdictionToday, my law partner, Paul MacPhail, addresses the question: whether for child custody purposes, a parent can reside in more than one state? Yes. Relying on a 1975 case, which held that “… a person may have only one domicile, but may have several residences”, the Court of Appeals in South Carolina has recently issued… Continue Reading
International Child Custody Disputes
Posted in Child Custody, JurisdictionWhat happens when a married parent leaves with a child to a foreign country, and refuses to return? It happened to David Goldman, and for 4 1/2; years, he was not allowed to see his son. In that time, his wife divorced him in a foreign country, remarried, and died, leaving Mr. Goldman’s child in… Continue Reading
How Long Must You Live in South Carolina Before Filing for Divorce or Separation?
Posted in Divorce, Jurisdiction, SeparationBefore a party may file an action for divorce or separation, at least one of the parties must have been a resident of South Carolina for more than one year, or both spouses must have resided in South Carolina for at least three months.
New Decision Discusses Family Court Jurisdiction
Posted in JurisdictionThe South Carolina Supreme Court affirmed in part and reversed in part a Family Court’s decision enforcing a final divorce order, requiring that the father pay his share of the medical and educational expenses of the child. The Court first determined that, because both parents had moved out of state since the original proceeding, the… Continue Reading
Do I have to live in a state to get a divorce there?
Posted in Divorce, JurisdictionAll states require a spouse to be a resident of the state — often for at least six months and sometimes for as long as one year — before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time…. Continue Reading