Divorce versus Separation

I spoke with a person the other day that had questions about family law. He and his wife had recently separated, and his wife had gone to see an attorney. She was asking him questions about property, bank accounts, etc. Amidst all of this, he says to me that it is like “she is going (more…)

Child Name Change in South Carolina

There are many parents in South Carolina who wish to change the last name of their minor children.  Several reasons for desiring a child name change in South Carolina include: an unmarried parent who wants the child’s birth name changed to that of either parent; a divorced parent wanting to change the name of their (more…)

Legal Separation and Separation Agreements

In North Carolina, all that is required to be “legally separated” is to be living physically separate and apart with the intention of not resuming the marital relationship. After being separated for one year, either spouse may file with the Court requesting a divorce. While NC does not require you to file anything to be (more…)

Marital Misconduct in North Carolina

There is a common misconception among separated individuals when it comes to marital infidelity.  Many people believe that if they can prove the other spouse had an affair, they can take all the property, get custody of the children, get tons of child support, and get a boatload of alimony forever.  However, this simply is (more…)

Are you getting divorced in South Carolina?

A divorce in South Carolina is the process through which married persons seek a ruling by the Family Court to dissolve their marriage. The result of a South Carolina divorce is that the parties are no longer married but the law recognizes that they were at one time married (as opposed to an annulment where (more…)

Separation and Divorce

A separation or divorce is one of the toughest decisions you will make whether you have children or not. Once you decide to do so, your next decision is to find the right family law attorney. In most separations and divorces, understanding your legal rights and the potential legal fees are the next reality. It (more…)

Adoptions With An Uknown Parent

Adoptions are already a paperwork intensive process in North Carolina.  There are several different entities that have their hand in the process to make sure the best interests of the child are being served by the proposed adoption.  In some circumstances, the petitioner may not be able to locate or even know the identity of (more…)

Can I get an annulment of my South Carolina marriage?

An annulment in South Carolina is the process through which a married person seeks a ruling by the Family Court that their marriage is invalid.  The result of a South Carolina annulment is that in the eyes of the law the parties were never married.  Many people inquire about an annulment because it can be (more…)

Termination of Parental Rights

A few times a month I get questions from people about terminating their parental rights.  Sometimes it is from someone who does not want to pay child support any more, and other times it is from someone who does not want the other to be associated with the child for some specific reason.  At a (more…)

Shacking Up, or Common Law Married?

So you and your boyfriend/girlfriend have decided to move in together in South Carolina but not get married? Be careful, because in South Carolina you could be deemed to be common law married. There are many misconceptions about common law marriage in South Carolina. It is very important that you know how common law marriage (more…)