Child Custody Arrangements When A Parent Wants to Relocate

In South Carolina, parents that share a child but live apart, either due to separation or divorce, have to divide the custody of the child between them, making one parent the custodial parent and the other parent the noncustodial parent. These designations do not necessarily indicate how much time the child spends with each parent; parents could share custody of the child almost exactly evenly, yet one parent would need to be designated as the custodial parent. If one parent wants to move, it will impact the other parent’s ability to spend time with his or her child.

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Legal Ways to Protect Yourself From Domestic Violence

Domestic violence is a serious family law issue. When you are the victim of domestic violence, it can seem like there is nowhere for you to turn for help. Some victims feel like they cannot leave their relationships because of love, or because they are dependent on their abuser in some way – possibly financially. However, no one should ever have to suffer through domestic violence. If you feel threatened, or your abuser has pushed you to the limit, there are ways for you to escape and put in place legal protections to help keep you safe from your abuser.

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What Rights Do Non-Custodial Parents Have In South Carolina?

When you share a child with someone, but are not living with the other parent of your child, either because you and the other parent are divorced or separated, you will still want to spend time with your child. If you are not the parent with primary custody of your child, meaning that your child predominately or solely lives with the other parent, then you are considered the noncustodial parent.

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October is Domestic Violence Awareness Month

According to the latest data provided by the Violence Policy Center, there were 57 female deaths attributable to domestic violence situations in 2013, making South Carolina the leader in the country for the highest rate of women being killed by men (at a rate of 2.32 per 100,000) due to the high number of instances of domestic violence occurring each year. This year marks the 18th year in a row that South Carolina made the list of the top 10 worst states in the U.S. concerning domestic violence, and this is the fourth time that South Carolina has held the top spot.

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Tips for Establishing Paternity

Being a new father can be a wonderful thing, especially if you are interested in taking a significant role in your child’s life. However, things can get complicated if you and the mother are not married, and she does not claim you as the father of her child on the child’s birth certificate. Below are some helpful tips for fathers trying to establish their rights to a child.

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South Carolina Launches New Governor’s Domestic Violence Task Force

The State reports that Governor Nikki Haley recently launched the Governor’s Domestic Violence Task Force in response to the enactment of the Domestic Violence Reform Act that went into effect in June of this year. The law placed stricter penalties on those who inflict domestic violence upon others. The purpose of the task force was to analyze the domestic violence situation in South Carolina and provide recommendations on how to further reduce the number of domestic violence incidents that occur across the Palmetto state.

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Equitable Division: What it Means For Your Divorce

Working together to arrive at a divorce settlement is the best way to ensure that each spouse gets what he or she wants out of a divorce. However, if the couple is unable to amicably and agreeably divide up their own marital assets, property and debts together using a written divorce settlement, then the court is left to divvy up the couple’s things using equitable division.

Equitable division occurs when a South Carolina family court judge considers the totality of the couple’s debts, assets, and property and then makes a division of those debts, assets and property between the spouses that is fair, but not necessarily monetarily equal. This is sometimes surprising for divorcing couples to learn because many think that divisions of assets are handled in a 50-50 split.

What Exactly Gets Divided Up?

Property, assets and debts get divided up during a divorce. This includes personal property (cars, boats, jewelry, etc), real property (such as the marital home, second home or vacation properties), bank accounts, retirement plans, investments, and debt balances. These assets are assessed to determine their value. Only marital property, assets and debts are included in the equitable division, meaning that any property, assets or debts that were independently brought into the marriage by one spouse or the other reverts to that spouse alone.

Factors That Go Into Deciding How Property Is Divided Up

Under S.C. Code Annotated Section 20-3-620, the court is required to consider a number of apportionment factors when deciding the equitable distribution of the assets. Some of the apportionment factors include:

  • The duration of the marriage and the ages of the spouses
  • Any marital misconduct or fault brought to the divorce by either party, especially if the marital misconduct impacts the financial situation of the divorcing couple
  • The value of marital property and whether it is located in the state
  • Each spouse’s independent income, their earning potential and their likelihood of future acquisition of capital assets
  • Each spouse’s health
  • Each spouse’s need
  • Whether a spouse has non-marital property and the value of that nonmarital property
  • Whether there are vested retirement benefits for each spouse
  • Whether alimony or other support has been awarded
  • Whether children are involved in the divorce, and which parent will have primary custody and thus the marital home
  • The tax implications that the division of assets and property will have on each spouse;
  • Whether a spouse has other support obligations that predate the marriage from which he or she is getting divorced
  • Any other factors that the court deems to be relevant

Contacting a Charleston Divorce Lawyer

One of the most difficult aspects of a divorce can be the division of marital assets, debts and property. If you need help with your divorce or have any questions about the equitable division of your marital assets, please contact the family law attorneys at Sarji Law Firm, LLC. Our family law attorneys can take steps toward arriving at a divorce settlement so that you can avoid the equitable division of your assets during your divorce. Call us today at 843-323-4341.

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Ashley Madison Hack is Likely to Prompt Divorces

The news has been focused this month on the recent cyberattack of the online dating site Ashley Madison. Ashley Madison is a social online dating platform specifically marketed to married people, encouraging users of the site to meet other married users to engage in an extramarital affair. The site promoted itself as being discreet, and offered services to keep user’s information confidential.

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Practical Tips About Prenuptial Agreements

Prenuptial agreements are unfamiliar legal documents that many people do not fully understand. Many people view prenups as something only for wealthy people, or people who value money over love. However, this is absolutely not true; prenups are incredibly useful to any couple entering a marriage when the husband and wife independently own assets or property prior to the marriage. Below are some practical tips concerning prenups.

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Four Clues That Your Ex-Spouse Is Living With Someone

There are a number of reasons why it may be relevant to your interests whether your ex-spouse has taken up residence with someone new. Two common instances of when this information is useful are related to spousal support obligations.

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