According to the American Bar Association, there is a worrying lack of legal knowledge among average Americans. Many do not fully understand the laws in their own States, and this “civic illiteracy” often becomes clear during divorce. Without a solid understanding of divorce laws in South Carolina, it is all too easy to commit various “prohibited actions” during these proceedings. While most of these offenses are not criminal actions, the consequences can be severe for spouses trying to navigate the legal system. These spouses may benefit from a more in-depth discussion of prohibited actions during divorce proceedings. Consider starting this discussion by contacting King Law Offices at (888) 748-KING.
Contempt of Court
One of the most obvious “offenses” during divorce proceedings is contempt of court. This is a civil offense outlined under South Carolina Family Court Rule 14, and it may take various forms:
- Interfering with judicial proceedings
- Exhibiting disrespect for the court
- Interfering with the other spouse
- Interfering with witnesses
- Failing to comply with court orders, decrees, or judgment
Spouses should avoid making frivolous motions or objections, as this may quickly test the patience of family law judges. They should also address the court with respect, follow the necessary rules, and attend hearings on time. If the court holds a spouse in contempt, they may face various penalties – usually of a financial nature. A particularly common form of contempt is the failure to pay child support or spousal support. King Law Offices can help spouses understand how to avoid these consequences by behaving properly and following courtroom rules.
Concealing or Wasting Assets
Various forms of financial misconduct may occur during divorce proceedings, and spouses often carry out these prohibited acts during misguided property division strategies. One example is the concealment of assets. This is often called “failure to disclose,” and it occurs when a spouse knowingly keeps some of their wealth secret from their ex. This could be an offshore bank account, a cryptocurrency wallet, or precious metals in a secret safety deposit box. Other concealment strategies may involve deferred bonuses, unvested stock options, and other employment benefits.
Intentional waste or “willful dissipation” of marital property may also occur during divorce proceedings, and these actions are completely prohibited. For example, a bitter spouse may convert the family fortune into gold bars before throwing them into a river. In a fit of rage, a spouse might completely destroy assets such as cars, designer clothing, and priceless family heirlooms. Another example is gambling away assets from a joint account at a casino. The consequences of these actions can be severe. Spouses who conceal or waste assets could walk away with a diminished share of the marital wealth, and judges may enforce additional penalties on a case-by-case basis.
Moving Away With the Children
While most prohibited actions during divorce proceedings are civil offenses, criminal charges are also possible in certain situations. A clear example is kidnapping, which is a serious felony in South Carolina. If a parent wishes to take the children out of the State or country during divorce proceedings, they must obtain consent from the other parent. If a divorced or divorcing parent fails to go through the proper legal channels before out-of-state trips with their children, they may face years in prison for kidnapping. The obvious concern is that a parent may escape the State or country with the children, never to be seen again.
Parental Alienation
Parental alienation is another “prohibited action,” although it is loosely defined according to South Carolina law. The National Center for State Courts explains that parental alienation is a form of emotional child abuse, defining it as a “campaign of denigration” carried out by one parent against the other. This may involve criticism in the presence of children, combative social media posts, and other behaviors designed to turn the children against the “target parent.”
While South Carolina does not specifically mention the phrase “parental alienation” in its statutes, family courts consider these acts while making decisions about child custody. One of the “best interest factors” is the level of cooperation between parents. If a parent interferes with relationships between their children and the other parent, they may encounter negative custody results. In other words, a spouse who commits parental alienation may spend less time with their children at the conclusion of divorce proceedings. This shows how misguided attempts to spend more time with the children can have the complete opposite effect.
Prohibited Actions During Divorce Mediation
A divorce trial is not the only option for spouses in South Carolina, and many choose alternative dispute resolution (ADR) strategies. A popular option is mediation, and this process has its own distinct rules. Before engaging in divorce mediation, spouses sign a contract and agree to these rules. All discussions during mediation are generally confidential, and spouses may face financial penalties for repeating these discussions outside of the negotiation room. If negotiations are successful, spouses will create a separation agreement based on their discussions.
Like all contracts, the separation agreement is only valid under certain conditions. During the mediation process, spouses must avoid any acts of coercion, as this could invalidate the contract. For example, a spouse might threaten to release embarrassing information about their ex unless they agree to sign the separation agreement. Spouses should also ensure that each party fully understands the contract and all of its various conditions. A lack of understanding could make the contract invalid, and an experienced lawyer can help spouses draft these agreements in easy-to-understand terms. Finally, separation agreements could become invalid if they contain “unconscionable” terms. These contracts are usually weighted heavily in favor of one spouse – to the point of obvious unfairness.
Learn More About Your Legal Rights During Your Divorce At King Law Offices Today
Although an understanding of prohibited actions during divorce proceedings can help, education is only the first step. Spouses may also need to determine the most appropriate reaction to prohibited actions, and an experienced divorce lawyer may be able to assist in developing action plans. This misconduct can affect spouses in various ways, depending on whether they face – or make – allegations of prohibited actions. Spouses who wish to go beyond internet research may want to consider a consultation with King Law Offices. Call (888) 748-KING to begin this discussion.