Most 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
Category Archives: Separation
Subscribe to Separation RSS FeedAre 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
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
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
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
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
Divorce And The Stress of Unemployment in South Carolina
Posted in Divorce, Financial Issues, SeparationThe vow “for richer or poorer” might not mean much when things are going well. After all, it’s not hard to say the words when everyone has enough money to pay the bills. However, that vow can be tested mightily when one spouse is laid off or otherwise becomes unemployed. New research out of the… Continue Reading
Marriage and Sex: Tactics to Help Catch Cheating Spouses
Posted in Divorce, Research & Investigation, SeparationThe following Guest Post is from Alyssa Clarke: There is nothing more painful than suspecting that your spouse is cheating you. Being uncertain as to whether your spouse is being faithful or not can drive almost anyone mad. The worry that follows may leave you awake at night wondering that you’ve done wrong by ignoring the… Continue Reading
Valentine’s Day Tips for Divorced or Separated People
Posted in Divorce, Miscellaneous, Psychological Issues, Relationships, SeparationDid you know that Valentine’s Day is the second most celebrated holiday around the world, trailing only New Year’s Day? However, for those going through a separation or divorce (or those who have recently done so), watching others celebrate a day devoted to love and romance can be difficult. Separated, divorcing, or divorced people might find the following activities… Continue Reading
How to Speed up Your Divorce
Posted in Attorney-Client Relationship, Communication, Dispute Resolution, Divorce, Practice Tips, Psychological Issues, SeparationThe following post is republished from the excellent divorce blog published by my friend, Dick Price, as I believe that anyone facing Family Court can benefit from this sage advice: One of the most common questions clients have for their attorneys is how to speed up their divorce or other court case. This is very… Continue Reading
Grandparents’ Role in a South Carolina Divorce
Posted in Children, Communication, Divorce, Relationships, SeparationEveryone knows that divorce affects more than just the parties involved. Children, friends and extended family members are all impacted when a marriage dissolves. Grandparents are one group that must also adjust to the changes a divorce brings. They often feel caught in the middle, wanting to side with their children while also needing to… Continue Reading
‘Gray Divorces’ in South Carolina Should Focus on Retirement Savings
Posted in Assets and Debts, Divorce, Financial Issues, Relationships, SeparationWe’ve mentioned the phenomenon known as “gray divorce” before, the increasing trend among older couples who are calling it quits. The reasons are many and complex: longer lifespans, changing societal attitudes towards divorce and the difficulties of living in an empty nest have all contributed to an era where one in four people getting divorced… Continue Reading
Divorce Among Billionaires A Costly Endeavor
Posted in Assets and Debts, Divorce, Financial Issues, SeparationThough divorce amongst billionaires is something many of us in South Carolina will never have to worry about, their cases do shed light on problems faced by ordinary couples. Though the number of zeros is much greater, even normal people have to cope with handing over large percentages of their assets to an ex-spouse, especially… Continue Reading
New York’s Equitable Division Law Means College Degrees May Be Considered Marital Property
Posted in Alimony, Assets and Debts, Divorce, Financial Issues, SeparationA recent article in the Wall Street Journal discussed a very bizarre quirk of divorce law in New York. The article focused on one woman, Tanya Finch, who began pursuing a nursing degree while married to her husband, Kenneth Quarty, who was legally blind and did not work outside the home. Tanya worked multiple jobs… Continue Reading
The Cost of Infidelity
Posted in Alimony, Assets and Debts, Dispute Resolution, Divorce, Financial Issues, Prenuptial Agreements, SeparationIt seems like we hear about cheating spouses everyday, whether it’s a Hollywood celebrity or the Director of the CIA. Though the headlines can be scandalous, the reality in court is that many times, judges don’t care. Instead, the real price paid for such cheating comes from settlements, not trials. The reason is that most… Continue Reading