At some point in your life you may be faced with the difficult decision to pursue guardianship/conservatorship in South Carolina over a family member or loved one. Like most people, you may struggle with the decision; however, failing to pursue guardianship and/or conservatorship may result in serious injury or victimization of your loved one. A better understanding of what guardianship and/or conservatorship is in South Carolina may be beneficial to your decision making process. Although the … [Read more...] about What Is Guardianship/Conservatorship in South Carolina?
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How Do I Change a Custody Order in South Carolina?
Custody in South Carolina is decided best on what is in the best interests of the child. When parents separate or divorce, they may create a parenting agreement together that divides up custody. If the parents cannot come to an agreement on how a child should share his time, a judge will decide on what is the best solution for the family. Both the parenting agreement and the judge's decisions will become part of the custody order that parents have to abide by. If you decide your current … [Read more...] about How Do I Change a Custody Order in South Carolina?
How Does the Judge Decide Custody Issues in South Carolina?
The issue of child custody is one of the most important that parents face when they decide they no longer wish to live together under the same roof. Child custody may need to be split if a couple who is living together decides to separate or when a couple who has never been married has a child together. When this occurs, a separate custody action may be brought before the court. Child custody may also become an issue during a divorce. H 4614 was passed in 2012 and changed the rules for how … [Read more...] about How Does the Judge Decide Custody Issues in South Carolina?
Spousal Support in a South Carolina Divorce
Spousal support or alimony is appropriate in certain situations when a marriage ends. Spousal support is not awarded in all cases and there are different kinds of spousal support. Both the spouse who is seeking support (the recipient) and the person who may be required to pay (the payor) must understand the laws related to alimony and must make informed choices to protect their financial interests throughout the divorce process. Spousal support in a South Carolina divorce is not a given, and … [Read more...] about Spousal Support in a South Carolina Divorce
Who Should Move Out of the Family Residence During Divorce?
It is very common for a married couple to own property together. Unfortunately, the joint ownership of a family home can lead to complications if the couple decides that they want to end their marriage. When two spouses are living together in a shared family home and they decide to get a divorce, a decision may need to be made on who should move out of the family residence during the process of ending the union. The couple will also need to decide what should happen to the property after the … [Read more...] about Who Should Move Out of the Family Residence During Divorce?
Modifying Child Support If Your Custody Arrangement Has Changed
In South Carolina, the amount of child support you are obligated to pay is based on a number of different factors. One of the most important considerations when determining support is the amount of time that your children spend living with you. When your children live in your home, it is assumed you are paying for their needs at that time. As a result, your child support obligation can be reduced or even eliminated when the children live with you. In some cases, your custody arrangement will … [Read more...] about Modifying Child Support If Your Custody Arrangement Has Changed
How Does the South Carolina Divorce Process Work?
Divorce is the process of formally ending your marriage. Until you go through the steps of divorce, you and your spouse are considered husband and wife even if you live separately. During the divorce, you will need to make important decisions about your future such as how custody of your kids will be divided; whether any support will be paid; and how assets and debts will be divided. You need to know what is involved with the South Carolina divorce process so you can be prepared to take the … [Read more...] about How Does the South Carolina Divorce Process Work?
Differences Between Legal Separation and Divorce in South Carolina
If you are legally married, you and your spouse are partners in the eyes of the law. You cannot just sever this partnership without taking some type of official action. For most couples, divorce is the action taken to end their marriage. In some cases, however, a couple will choose legal separation instead. There are important differences between legal separation and divorce and you need to understand what the differences are so you can make an informed choice about which option is the right … [Read more...] about Differences Between Legal Separation and Divorce in South Carolina
Parenting Agreements in South Carolina Divorce
In 2012, the laws on child custody in South Carolina changed when H 4614 was signed into law in June. The purpose of the new legislation was to define sole and joint custody. The law also imposed a new requirement on parents. Parents must now submit a plan to the court outlining how they see their child's future after divorce or separation. The creation of a parenting plan or parenting agreement allows the judge to get broader insight into family dynamic. If the parents are able to agree on a … [Read more...] about Parenting Agreements in South Carolina Divorce
South Carolina Family Court Jurisdiction
In South Carolina, the Family Court has exclusive jurisdiction to handle all matters involving domestic and family relationships, including: Separate Maintenance and Support When you and your spouse have physically separated but do not yet have grounds for divorce, you can file an action for separate maintenance and support to address issues of child custody, child support, visitation, spousal support/alimony, and/or property division. Equitable Division When you and your spouse cannot … [Read more...] about South Carolina Family Court Jurisdiction
