Close X

J. Benjamin Stevens is now part of Offit Kurman.

Read More

Looking for Jenny Stevens?

Please visit her website using the button below.

View Website


South Carolina Family Law – True and False (Part 2)

Posted by J. Benjamin Stevens | Feb 03, 2015 | 0 Comments

Yesterday, we took a look at some of the common sources of confusion about South Carolina family law, highlighting several truths. Now, what about the myths? Today, we will discuss what bits of divorce “wisdom” are false.

Committing adultery means you give up everything

False. Though it was true in years past that the person found at-fault for the divorce often paid a high price, that is seldom the case these days. Today, fault makes much less of an impact on the financial issues. Property is divided in a more equitable way, instead of a nasty blame game. Similarly, infidelity plays less of a role when it comes to the child custody process than in years past. However, adultery will impact your divorce if you were attempting to receive alimony, because someone who has committed adultery is not allowed to receive alimony in South Carolina.

Your spouse can stop you from divorcing

False. Previously, when divorce required the finding of fault, it was a lot easier for an intransigent spouse to hold up a divorce. Today, no-fault divorces allow anyone to get divorced, without approval from their spouse. Though an obstructionist spouse can absolutely slow down the process, making it far lengthier and more expensive than need be, they will not be able to hold off the inevitable forever.

Custody is presumed to go to the mother

False. This is an especially unfortunate myth that continues to create needless worry for South Carolina fathers eager to spend time with their children. Years ago, the law favored custody being awarded to women. That has changed over time, and today there are a multitude of factors that judges can take into consideration when deciding custody of children and, thankfully, gender is not among them. Also, joint custody continues to become an increasingly popular option in many cases.

About the Author

J. Benjamin Stevens

Senior Partner


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.


Subscribe to our Newsletter!

second newsletter sign up

CLICK HERE to subscribe to our new monthly newsletter full of interesting news, stories, and advice to benefit you and your family.