South Carolina Criminal Lawyer Blog

In Ryan v. Ryan, the South Carolina Court of Appeals reversed a divorce case in which the family court failed to consider the husband's misconduct that contributed to the break up of the marriage. Both parties testified in court that the husband's misconduct led to the couples divorce. The husband specifically stated that he and his wife separated because their son had him arrested for assault and battery. The appellant wife had pursued restraining orders against her husband due to his abusive actions towards their son.

The South Carolina appellate court held that the family court should have taken into account the husband's fault when apportioning the marital property and when determining alimony, even though the husband's misconduct was not used as the basis for the separation or subsequent divorce proceeding.

Pursuant to South Carolina Divorce Law, evidence of fault should be considered by the family court judge when deciding issues relating to equitable apportionment and alimony. When addressing the issue of alimony, the court considers the need of the party asking for alimony as well as the other party's ability to pay.

South Carolina Family Courts also consider the age of the parties, the duration of the marriage, the educational background of the parties, employment history, potential income, the standard of living established during the marriage, current assets and expenses, child custody and support payments and finally, any other factor the court deems relevant.

There are different types of alimony available in divorce cases, so it is important to discuss these options with a family law attorney in South Carolina. These options include permanent and periodic alimony, lump sum alimony, temporary alimony and rehabilitative alimony.

Continue reading "Separate Support and Maintenance Evidence of Fault" »

In an unpublished opinion, Stiggers-Smith v. Smith, the South Carolina Court of Appeals per curiam affirmed a family court decision finding the parties entered into a common law marriage. The evidence included that the parties lived together in several states, the respondent used the appellant's last name once moving to South Carolina, and did not correct any lawyers, friends, salesmen, when they referred to the respondent as his wife. The South Carolina appellate court held the agreement to enter into a common law marriage was inferred by the actions of the parties and the circumstances.

Circumstantial evidence is often used to prove a common law marriage, especially evidence showing that the parties held themselves out to the public as husband and wife and lived together for a long period of time.

South Carolina is one of the few states that still recognizes common law marriages. Every South Carolina divorce lawyer knows that a common law marriage can not be proved merely by showing that a couple lives together. In Horry County family court, evidence that the parties actually held themselves out as a married couple is crucial. This evidence can include joint tax returns, joint checking accounts, using the same last name, and openly referring to each other as husband and wife.

Once a common law marriage is established in a South Carolina family court by a divorce attorney or family lawyer, it is given the same force and effect as a regular marriage in all family court proceedings. Therefore, a party that establishes a common law marriage is entitled to equitable distribution of the marital assets and potentially alimony. The Stiggers-Smith case shows that common law marriage is still a viable cause of action in South Carolina and can be proved through circumstantial evidence.

Continue reading "Common Law Marriage" »

Oscar award winning actor Sean Penn and actress Robin Wright Penn have initiated divorce proceeding for the third time in the past few years. The couple has been married since 1996, and have been together since 1989. They have two children together, and according to reports, the couple has already agreed to share custody of their children Even though the couple has agreed to joint custody, the remaining issues that will have to be addressed include alimony, child support, and distribution of the marital assets.

According to local newspapers in California, Robin Wright Penn is not seeking spousal support or alimony from her husband. However, she would most likely be entitled to alimony because they have been married for a long time, over thirteen years, especially if Sean Penn's income is substantially high. When deciding whether to award alimony, the courts consider many factors, including the duration of the marriage, the standard of living of the couple, distribution of the marital property, age of the parties, and other sources of income. These factors are also considered in South Carolina Divorce cases in which alimony is at issue.

Sean Penn and Robin Wright Penn are both famous actors, and therefore, have generated a substantial amount of marital property that must be divided. The couple has apparently settled many of the issues related to the division of the assets out of court. Wright Penn has reported that the marriage is officially over, but the pair has a history of reconciliation.

However, if the couple could not reach a divorce settlement and lived in Horry County South Carolina, they would have to attend mediation before proceeding to a final hearing. In Horry County, including Conway, and Myrtle Beach, mediation is mandatory for all domestic cases. Usually, the mediator is a divorce attorney in Horry County who is certified to conduct mediation. Most divorce lawyers in the Myrtle Beach area agree that mediation can be beneficial to both parties.

Continue reading "Robin Wright Penn files for Divorce from Actor Sean Penn" »

Many times when a couple decides to separate, they do not wish to pursue a divorce, but would rather enter into a legal separation. However, in South Carolina, there is no such thing as a "legal separation" instead, a party must file an action for separate support and maintenance.

An action for separate support and maintenance in South Carolina is similar to an action for divorce, however, in an action for separate support and maintenance, the parties may remain on eachother's health insurance policies and receive many of the financial benefits of being married. However, the parties can not re-marry and if they choose to reconcile, any separation agreement may become null and void.

If a couple decides that they want a divorce in South Carolina, and do not have grounds for a fault based divorce, they may pursue a no fault divorce by remaining continuously separated for more than one year. Once a couple separates, meaning one party actually vacates the marital home, the clock begins to run. During this year, the parties often enter into a separation agreement.

A separation agreement is basically a contract between the two parties in which they decide a variety of issues, including child custody, visitation, property distribution and alimony arrangements. It becomes an enforceable court order when incorporated into a final action, meaning if one part refuses to comply with it terms, the other party can seek to enforce the order by filing a rule to show cause, and seking a contempt order from a family court judge.

Continue reading "Legal Separation and Separation Agreements" »

In a recent Newsweek article, it has been reported that over the past few years, child custody has changed across the country in family court. Twenty years ago, it was almost unheard for a father to have custody of the children. It was basically the standard that a father would have visitation every other weekend, unless the court determined by preponderance of the evidence that one parent was unfit. However, it is clear that child custody laws in South Carolina and in other states are changing, conforming with modern times. Today, fathers are receiving more visitation and rights, and joint custody is becoming very popular in family law cases.

Joint custody was once very rare, only granted in cases in which both parties were in agreement pushed for it. According to the article, joint custody is becoming more popular across the country. Some parents going through a divorce are even opting for joint physical and legal cusody. In these situations, the parties equally share in custody of the children, 50/50. However, the parents in these cases will have to live close to eachother to make this work, due to the fact that the children will be spending several nights a week with both parents.

Joint custody has become very popular in South Carolina as well. However, most child custody cases are settled between the parties, only five percent (5%) actually go to trial. In South Carolina, a guardian ad litem is appointed to represent the children. Usually psychologists are also asked to submit evaluations of both parents and the children.

Also, as reported in the article, most father's are receiving more visitation when they do not receive primary physical custody in South Carolina. For example, a father may have visitation every ther weekend, plus one dinner or overnight visit a week. In will be interesing to see how child custody laws continue to change with modern times.

Continue reading "How Child Custody is Changing in Family Court" »

The real estate market is changing divorce law in south carolina. Family law attorneys in Myrtle Beach, Conway, and Charleston are modifying their practices in order to adjust to today's housing market according to an article published in South Carolina Lawyers Weekly.

In many divorce cases, the marital home is the major asset sought by both parties. However, now there are situations where there is not any equity left in the home and both parties are seeking to get out of the debt. In the past, it was easier for one side to get a loan to buy the other side out, now parties getting a divorce are faced with the alternative of putting the home up for sale in an unstable market.

In these uncertain economic times, mediation can be a great alternative to an expensive trial in many cases. Every family lawyer in the Myrtle Beach area knows that mediation is mandatory in Horry County. Mediation provides relief for many clients, a good family attorney in Myrtle Beach, Conway, North Myrtle Beach and Georgetown can assist you with mediation in your divorce case.

A month after filing for divorce in Charleston, South Carolina, Jennifer Butler Murray and Bill Murray have reached a marriage settlement agreement. Murray's ex wife had filed a divorce complaint in Charleston, South Carolina alleging abuse, adultery and habitual drunkeness. She also requested a restrining order against him. However, there was a prenuptial (prenup) agreement between the two parties which stated that Bill Murray's wife would receive seven (7) million in the event of a divorce.

Prenuptial agreements are generally enforceable and valid. The court will declare a prenup invalid in only a few specific circumstances. For example, if you are presented with a prenup on the day of your wedding, the court may view the agreement as unenforceable. Duress is one of he factors the courts will consider when examining the validity of a prenuptial agreement. Additionally, if the party drafting the agreement did not give full and fair disclosure of their assets, the court may void the agreement based on fraud. The party drafting the agreement must also give the other party an opportunity to consult an attorney before signing it.

Child custody can never be determined in a prenuptial agreement. The best interest of the child governs the court. Child support can also not be waived in a prenuptial agreement. Therefore, Bill Murray's prenuptial agreement is enforceable, but he must pay child support for his children.

If you have a great deal assets, you may want to hire a family attorney to draft a prenuptial agreement. A divorce attorney will tell you that it should be drafted well before the marriage to be enforceable. Prenuptial agreements are enforceable in South Carolina. An experienced family attorney in south carolina can draft an agreement that will be valid.

Continue reading "Bill Murray's Divorce Settles Quickly" »

It has recently been reported that Guy Ritchie and Madonna have reached an agreement in their divorce. They did not have a prenuptial agreement and it was first thought that their divorce could be as bitter as Heather Mills and Paul McCartney, Madonna even hired McCartney's attorney, however, the couple has managed to come to an agreement rather quickly.

Although the couple has resolved their divorce, Ritchie may have been able to allege adultery in his complaint as the reason for the couple's divorce due to allegations that Madonna had an affair with Alex Rodriguez. In order to prove adultrey in South Carolina, the pleading party must show opportunity and inclination, however, the party alleging adultery does not have to prove that the cheating spouse actually had sexual intercourse with another person. It is common for the pleading party to prove adultery through the testimony of a private investigator.

However, based on recent reports, Madonna and Guy Ritchie's divorce is uncontested and has settled almost immediately by an agreement. Madonna will keep the bulk of her estate, while Ritchie will gain roughly 60 million in assets, including a London pub, an estate in london and a monetary sum. The monetary sum may be construed as alimony, on other words a lump sum. In South Carolina, a party can ask for temporary alimony, permanent and periodic alimony, or a lump sum.

If Madonna and Ritchie resided in South Carolina and they were seeking a no fault divorce, they would have to be separated continuously for a year before their divorce would be granted. Fault grounds include habitual drunkeness, physical cruelty, adultery and abandonment.

It has not been reported how the parties came to an agreement regarding the children, including child custody, child support, and visitation. The parties have not disclosed this information, however, one party will be the primary custodial parent and the other party will have visitation and may have joint custody.

Continue reading "Madonna and Guy Ritchie Reach Divorce Settlement" »

A recent decision by the South Carolina Supreme Court addressed the issue of whether a spouse can consent to adultery. The trial court granted a divorce based on the husband condoning the adultery of the wife. The husband had argued the defense of recrimination (in South Carolina the means both husband and wife have acted improperly and one party no longer wants a divorce). The trial court was required to considered the recrimination defense because it was undisputed that both parties had committed adultery.
The South Carolina Court of Appeals found that the trial court erred in its determination that there was insufficient evidence for granting a divorce based on adultery. The divorce was granted based on the separation of the parties for over one year. The South Carolina Supreme Court ruled against the appellate court and found that the South Carolina trial court was in a better position to determine the credibility of the witnesses and when the adultery may have occurred. Our South Carolina divorce lawyers in Myrtle Beach are experienced on in handling adultery based divorces. A good divorce attorney in Myrtle Beach can help with your divorce.

Continue reading "South Carolina Supreme Court Rules on Condoning Adultery " »