June 1, 2008

Wrongful Death in Lexington Jail

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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April 14, 2008

Brittney Spears New Child Custody Order

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.

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