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Blog Category | Family Law
The First Steps in Filing for Divorce in Gaffney, SC
The first step in filing for divorce in Gaffney is preparing and filing a Summons and Complaint in Family Court in the county where you or your spouse lives. Everything that follows, including service, timelines, negotiations, and final orders, flows from that filing. If you’re thinking of filing for divorce,...
Read MoreHow Are Retirement Accounts Divided in a Divorce?
In South Carolina, retirement accounts are considered assets acquired during marriage and are part of the marital property. The court must divide those accounts equitably, basically, what’s fair for everyone involved, when you file for divorce. An error in valuation, failure to deal with tax issues, or skimping on required...
Read MoreHow Is Property Divided in a South Carolina Divorce?
When couples divorce in South Carolina, the courts will divide property based on the equitable distribution rules. This means that their property will not be divided equally, but fairly. For instance, you get to keep the family home while your spouse receives retirement savings, depending on your specific circumstances during...
Read MoreModifying Child Custody After a Divorce
Changing a custody order in South Carolina requires that you show a substantial change in circumstances. Any proposed changes are decided based on whether they are in the best interest of the child. More specifically, the court will consider whether the change will benefit the child’s developmental, medical, educational, and...
Read MoreCommon Law Marriage- a Thing of the Past?
On July 24, 2019, the South Carolina Supreme Court stated common law marriage is no longer viable from this date forward. In the landmark decision, Stone v. Thompson, heard June 13, 2019, the Justices ended the practice. What Is Common Law Marriage In South Carolina? First, common law marriage is where two...
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