Serving 
Blog Category | Family Law
How is Child Custody Determined?
Child custody is determined by what arrangement serves the child’s best interests. Factors such as stability, parental involvement, school needs, family relationships, and the child’s overall well-being all play a role in the court’s decision. Because custody orders can have a lasting impact on both parents and children, you should...
Read MoreWhat Factors Do Courts Consider When Deciding Custody Arrangements?
South Carolina courts decide custody based on one primary standard: the best interests of the child. Judges evaluate factors such as each parent’s ability to meet the child’s needs, the child’s relationship with each parent, stability, school and community ties, and any history of abuse or domestic violence. At Parker...
Read MoreCan I Get a Divorce Without My Spouse’s Consent?
Realizing your marriage should end is hard enough, when spouses can’t agree on divorce, the process becomes even more challenging. South Carolina Law on Contentious Divorce In South Carolina, if your spouse won’t consent, you must file for a contested divorce. If you and your spouse can’t agree on terms,...
Read MoreWhat Is the Difference Between Contested and Uncontested Divorce?
Deciding to end a marriage can be heartbreaking, but in some situations, it is the best choice for a couple. The divorce process can be daunting, making you second-guess yourself at every step. When you and your spouse cannot agree on certain issues, you may feel more anxious about what...
Read MoreHow Long Does the Divorce Process Typically Take?
Many factors affect the timeline for a South Carolina divorce, including whether the case is contested or uncontested, the grounds cited, and the complexity of the parties’ financial and custody issues. Some cases resolve in a few months, while others drag on for well over a year.Parker & Bain works...
Read MoreWhat Are the Grounds for Divorce in South Carolina?
South Carolina recognizes both fault-based and no-fault grounds for divorce. The basis you choose directly affects property division, alimony, and custody outcomes. Filing under the wrong ground or without sufficient evidence can delay the process and weaken your position. At Parker & Bain, our family law attorneys for Gaffney residents...
Read MoreThe 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...
Read More