South Carolina Criminal Lawyer Blog

The Mace Firm is announcing that we are starting an immigration division. This division will be headed by Nicole Mace. The immigration attorney in our Myrtle beach office will handle family based immigration issues throughout South Carolina. Family based visas will be the primary area that the immigration division will focus on in the Myrtle Beach Area. We will be using an attorney out of Miami to handle any deportation proceedings based on criminal law violations. This new area of law is based on the numerous number of appointments that clients have made in the past year at our office in Myrtle Beach. We will expand this area to the Charleston area if needed.

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Myrtle Beach Divorce Attorney Nicole Mace was recently quoted in the Sun News regarding the divorce of Governor Mark Sanford. Nicole Mace is an attorney with The Mace Firm in Myrtle Beach. Mrs. Mace heads the family law section The Mace Firm office in Myrtle Beach, South Carolina. Mrs. Mace expressed support for Jenny Sanford in her decision to divorce Governor Mark Sanford. Getting a divorce is never easy, but it appeared from the media that the Governor was unwilling to do what was necessary to prevent his wife from filing for divorce. A good divorce attorney can help with making the right decisions in a divorce or custody battle. Our Myrtle Beach divorce lawyers are able to help with these decisions. Many times hiring the wrong divorce attorney will result in a long drawn out battle that does not benefit any party to the divorce and usually hurts any children from the marriage. Child custody issues will always cause some problems, but our child custody attorney in Myrtle Beach can help get the best result for you and your children.

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The South Carolina Court of Appeals finds that a husband's failure to provide documentation from the Uniform Gifts to Minors Act accounts constituted a breach of the marital settlement agreement. The court held the husband in contempt for failure to attend the show cause hearing. The South Carolina divorce attorney that represented the husband appealed the case. The court of appeals held that the defendant may not seek to appeal the marital agreement while he is on fugitive status. The appeal of the family court order was based on the fugitive disentitlement doctrine. This doctrine allows for an appellate court to deny access to its' review power when an appellate is a fugitive and the fugitive status is directly related to the case that is being appealed.

The divorce attorney handling the appeal was most likely trying to help a client that refused to come before the court and face the judge for failing to pay under the South Carolina marital settlement agreement.

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The mortgage crisis, the falling economy, and stress related to money is causing an increase in divorce filings in South Carolina. This increase is most likely occuring across the world. The increase is based on many factors, but many times money or lack of money is a big issue that is listed for the divorce. Filing for divorce has become much easier in most jurisdictions. However, South Carolina is one of the very few states that make it difficult to get divorced and parties almost always need to have an attorney.

Filing for Divorce in South Carolina is time consuming and not a quick process. South Carolina limits the ways a divorce can be granted by a family law judge and requires a final court order to finalize the divorce. A good divorce attorney in South Carolina will be able to make the process as painless as possible. Our Divorce attorneys in Myrtle Beach represent parties in many family law cases from divorce, child custody, ailmony, and division of property. Even with none of these issues the process still takes time and the guiding hand of a good divorce lawyer in Myrtle Beach. Any filing for divorce in Horry County must be done in Conway. All divorce proceedings for Horry County are handled at the main courthouse in Conway. From temporary hearings to divorce trials, all family law issues are resolved in Conway.

Our firm has opened in a new location and we have dedicated part of the office to divorce litigation in the Myrtle Beach area. Our Myrtle Beach divorce attorneys are ready to help you with your case.

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In an unpublished opinion, the 4th Circuit Court of Appeals recently upheld a wrongful death case coming from the U.S. District Court for the District of South Carolina at Charleston. According to the statement of facts, a man walked into a grocery store and threatened the store employees with a knife, took a ham and left the facility. The police stopped the man outside of the store and he refused to drop the knife. The police used pepper spray and batons in an attempt to stop him, and eventually shot him because he would not drop his weapon.

Personal representatives of the decedent brought a claim against local law enforcement for wrongful death, survival and loss of consortium. Specifically, the plaintiff argued that the police officr's use of deadly force constituted a Fourth Amendment violation. However, the district court granted the defendant's motion for judgment as a matter of law and the plaintiff's case was dismissed.

On appeal, the Fourth Circuit considered whether the officer's decision to use deadly force was reasonable in light of these circumstances. When a court addresses a motion for judgment as a matter of law, it must view all the facts in the light most favorable to the non-moving party, in this case, the plaintiff. However, the appellate court affirmed the judgment, meaning that it upheld the decision of the District Court to enter judgment in favor of the appellee, the police. The Court held that in reviewing the facts most favorably to the Plaintiff, the officer acted reasonably and had a reasonable fear of harm, justifying the use of deadly force.

When a court grants a motion for judgment as a matter of law, the case is not given to the jury, the judge is basically stating that the plaintiff has failed to prove its case. Wrongful Death cases against law enforcement can be difficult to litigate because the defendant is a state agency and you must show that the officer did something wrong or was negligent. Therefore, when hiring a Myrtle Beach, Charleston, or Horry County wrongful death attorney, you want to look for an attorney with experience in litigating wrongful death actions.

Hiring a divorce attorney is one of the hardest things to do, especially when there are children involved.

Step One: Research divorce lawyers in your area of the state. You will need to file for divorce in the proper jurisdiction for the family law judge to hear the case. In South Carolina, you or your spouse will need to be a resident of South Carolina. The case must also be filed in the appropriate county. We represent clients in Charleston, Horry and Georgetown Counties in South Carolina.

Step Two: Call an attorney in your area and set up an interview. There will usually be a consultation fee ranging from $50.00 to $250.00. This fee is based on an indepth interview regarding your case.

Step Three: Get all your financial information together prior to the interview. This includes your tax returns for the previous year and any pay information, investments and retirement accounts. A Financial affidavit will have to be provided at some point in the case and it is better to get it done immediately.

Step Four: If there are children involved, do not bring them to any interview with an attorney. Do not complain about your spouse in front of the children. The most important issue for anyone will be the best interest of the children. Our divorce attorneys in South Carolina do not believe in leveraging the children in a divorce.

Step Five: The interview with the divorce attorney. Do not be embarassed about your situation. I promise we have seen other cases similar to yours. It may be hard to speak with a stranger about your case, but everything you say stays in our office and no one will ever know. This is part of the attorney-client privilege.

Step Six: Agreeing to hire an Myrtle Beach Divorce attorney that you are comfortable with and trust. This is important because you are going to have to rely on information your attorney provides during the South Carolina Divorce. A South Carolina divorce is different than a Georgia Divorce or even a Florida Divorce. South Carolina has many divorce laws that have not changed in decades. Your South Carolina divorce lawyer must be able to explain these laws to you.

This is also the time when you must Retain your divorce attorney. This is the signing of a formal agreement that allows your attorney to legally represent you and you must pay a deposit for this agreement. This deposit is usually between $2,000.00 to $8,000.00 depending on what issues are know at the initial interview. The divorce law firm will bill your deposit on a monthly basis at a rate ranging between $200.00 to $350.00 per hour for the attorney's work.

Next a divorce complaint is filed and the case begins. The other option in South Carolina is a separation agreement.

If you need further information call our office in Myrtle Beach at 843-839-2900.

Continue reading "How to Hire A Divorce Attorney" »

South Carolina is a very unique state when it comes to getting a divorce. One of the biggest issues to consider is the need to be separated for a period of one year priror to getting a divorce. This is the law unless there is some basis for a fault divorce. The next question that must be asked, what county is proper venue to file for the divorce. There are several counties in South Carolina that may qualify as a proper venue to file for the divorce.
South Carolina Code Section 20-3-60 allows for a divorce complaint to be filed in one of several counties. The first county that is available, is the county in which the parties last resided together as husband and wife. Next would be the county in which the defendant resided at the time of the filing of the action or lastly, where the Plaintiff resides if the defendant is a nonresident (includes not being able to find the defendant).
These provisions provide several counties where venue may be proper for a South Carolina divorce. A divorce attorney in South Carolina will be able to advise a party on which counties will be suitable for filing the action. Many times families move around quiet frequently prior to a divorce. An Horry County Divorce Lawyer may have to file for the divorce in Georgetown or Conway. Our Myrtle Beach divorce lawyers are ready to help you examine where the best location for filing your divorce may be.

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With the down fall of the economy, there will most likely be an increase in the amount of divorce cases filed. Divorce cases in South Carolina will be cost more becasue of the increase in cases filed. There is no quick divorce based on economic hardship. A divorce in South Carolina usually takes a year to complete. If the parties have any property or child custody issues during the divorce the price can increase dramatically. Family law judges in South Carolina look to the best interest of children in the custody dispute. Divorce attorneys should also look to see what will be in the best interest of the children. A divorce petition is filed in the county where either party to the marriage resides. To file a divorce in Myrtle Beach the petition is filed at the Circuit Court in Conway, South Carolina. Your family law lawyer will draft the petition and have it served on the opposing party.
Next, a court date will be set for a temporary hearing to deternine any preliminary issues that may arise. These issues are related to child custody, restraining orders, access to marital property, and any temporary alimony. These hearings are usually very quick and are based on affidavits from the parties. Our attorneys in Myrtle Beach have experience in these temporary hearings and are able to advise our clients about the process.
A divorce is a traumatic event. Emotions and many times finances become so entrenched in the case that clients suffer depression and anxiety during the process. A good divorce attorney is able to counsel the client through the process and assist with handling these issues.

Continue reading "Tough Times may Equal More Divorces" »

Divorce cases in the Myrtle Beach area have been on a steady increase over the past several years. This could be because of the dramatic increase in the population in this areas of South Carolina. Many people from around the country are discovering Myrtle Beach and the grand strand area. South Carolina is very unique when it comes to getting a divorce. Many States only require a divorce pleading and one court appearance. South Carolina is different. In South Carolina requires either a fault based reason for a divorce or a legal separation for over 1 year, piror to granting a divorce. Many South Carolina divorce attorneys are able to get a divorce case filed and have the legal separation agreement filed within a couple of weeks. This will not allow the divorce to go forward without following many requirements.

In order to get a divorce in South Carolina, the courts require separation for no fault divorces and mandatory three hours of mediation. For at fault divorces, which have several legally recognized basis, the legal separation is much shorter and meditation is still required. For a divorce in Myrtle Beach and the Grand Strand area, a divorce action must be filed in Conway, South Carolina. The divorce will be heard before one of several family court judges in Conway. Our Myrtle Beach divorce attorneys are able to represent the husband or wife in any divorce, legal separation, child custody, alimony or equitable distribution case.

South Carolina requires equitable distribution of marital assests. This meaning varies based on what the court will consider marital assests. The duration of the marriage is a critical element in the analysis of what property will be considered marital property. It is important to have a South Carolina family law attorney to assist in the preparation of your case and the evaluation the assests.

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Our office is in the process of representing the estate of a young man who committed suicide at the Lexington County Jail. This is a wrongful death case against the County. The young man was under the care of the county jail and they were on notice as to his mental problems. Our attorneys have represented the estate of wrongful death victims on many occasions with very good results for the families and the estates. In this case the cause of action is referred too as a 1983 action. This is based on a violation of civil rights by the defendants. The county will argue that it has immunity from this type of litigation. However, we will be able to overcome this burden in the first stages of litigation.

When a person is in jail, they are in the care and custody of the government entity. The government must ensure the health and safety of the person. Any breach of this duty allows for a civil lawsuit to be filed for the violation. Many people forget that there are innocent people in jail for no reason and they should be protected from the dangers of incarceration.

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Bill Murray's wife has filed for divorce in Charleston, South Carolina. Jennifer Butler Murray filed for divorce in Charleston on May 12, 2008. In the divorce complaint she has alleged drug addiction, abandonment, adultery and physical abuse as grounds for her fault based divorce. Mrs. Murray has a Charleston divorce attorney representing her and it is still unclear if Mr. Murray has an attorney at this stage. The allegations in the complaint are typical for a divorce complaint in South Carolina. It is very difficult to get a quick divorce in South Carolina. There must be an allegation of fault in order to avoid waiting 365 days to get the divorce. In this case the divorce complaint alleges all 4 of the statutorially provided grounds. Mrs. Murray has alleged every possible reason to get a divorce. This type of complaint can backfire on a Plaintiff.

Rarely will there be every fault based ground for divorce. Usually it only takes one or two grounds for someone to realize they need to get divorced. In this case Mrs. Murray should go ahead and get ready to have her deposition taken and also be ready to answer questions regarding her personal lifestyle. There have been reports that she has been intoxicated and the police have come to her home in Charleston.

Why would she allege all four grounds for a fault based divorce in South Carolina? I think the answer is clear. To void the prenuptial agreement she signed when she married Bill Murray. Mrs. Murray agreed to a specific payment should the marriage end in divorce. The only way around this agreement would be to allege severe misconduct on behalf of Bill Murray. It is not uncommon for a spouse of a famous celebertity to make allegations of abuse. The recent separation of Madonna and Guy Richie will surely have allegations of adultry and abuse. The entire process is posturing for the up coming divorce proceedings.

Mrs. Murray has alleged that Bill Murray abused her in November of 2007 by striking her in the face. It will be interesting to see why the police were not called and no report was ever filed. This South Carolina divorce will not be over without a fight. The bottom line is money.

Continue reading "Bill Murray Begins Divorce in South Carolina" »

Brittney Spears was ordered this week to pay attorney's fees of $250,000.00 to her ex-husbands attorney. This is not unusual for many divorce cases when the parties are extremely unmatched on their financial affidavits. Brittney was also ordered to pay $20,000.00 in child support to her ex per month as he now has full custody of the children and Ms. Spears has weekly visitation. This type of order is not uncommon when one party behaves in a manner the court views as unhealthy for the children. The practice of making the more financial able party to pay both sides attorney's fees is rare in South Carolina. Our divorce attorneys in Myrtle Beach try to reach an agreement with the parties prior to having a family law judge getting involved in the matter.

The divorce rate in Myrtle Beach has increased over the past couple of years. This could be due to the recent economic decline in this area of the country. There are several grounds for divorce in South Carolina such as:
1. Adultery;

2 Desertion for a period of one year;

3. Physical cruelty;

4. Habitual drunkenness;

There is a requirement that the wife and husband be legally separated for a period of at least one year prior to have the divorce entered by the court. This legal separation period is required for the no fault divorce, i.e., when none of the above reasons is present as a basis for the divorce. Other grounds for a South Carolina divorce would be fraud or duress. The need to have a divorce attorney in increasing around the country and South Carolina is no exception.

Continue reading "Brittney Spears New Child Custody Order" »