Mount Pleasant South Carolina Family Legal Blog

For South Carolina couples who are preparing for marriage, a premarital agreement is often part of the process. This is not done with the expectation that the marriage will fail and the couple will divorce, but is so one or both parties are protected from losing various assets and properties. There are circumstances when there is a premarital agreement, but that agreement is unenforceable because a legal violation took place. With these complicated legal circumstances, it is imperative to have a qualified lawyer assess the case.

It is unfortunate that many marriages end in divorce. It is also unfortunate that people who agreed to a premarital agreement - also referred to as a prenuptial agreement - will believe that the document was unfair and want it invalidated. Understanding when it is possible to deem the document unenforceable is crucial for both sides.

Divorce is an unfortunate reality for many South Carolina couples. When the decision is made to part ways and end a marriage, the state wants to ensure that the choice is final and there is no prospect of salvaging the marriage. To do that, there are laws in place that necessitate couples attempt to reconcile before they can move forward with a divorce. Although that is frequently unsuccessful, there are cases where the parties decide to give it another try. Understanding how this impacts a divorce for civilian couples and those with a spouse in the military who is deployed is integral to a case.

For a reconciliation attempt, the case will be referred to a person who will bring the parties to court and earnestly try to foster a reconciliation. This person is a master or special referee. This is required in all cases apart from a default case. There cannot be a judgment of divorce unless this master or special referee issues a report certifying that the efforts did not achieve anything. After that, the parties are legally able to pursue their case to divorce and move forward.

In South Carolina, child custody and visitation rights are not always a matter of dispute between parents. Often, others have a relationship with a child and want to at least see the child or have outright custody. These situations can be complicated and difficult to navigate. One that comes up frequently is if there is a de facto custodian. Understanding how the law views a de facto custodian is essential for the parents and anyone else involved in the child's life.

The de facto custodial is someone who, with evidentiary proof, provided financial support and was the main caregiver of the child and the child: was under 3-years-old while living with him or her for at least six months; or was older than three living and lived with him or her for at least one year. The amount of time will not be considered if a parent is seeking to regain custody from the de facto custodian.

South Carolina couples that seek to end a marriage will have many issues to deal with as part of the process. A priority will be children from the marriage. Support will have a prominent place in a case too. Once these issues have been factored in, property division and the division of assets will come to the forefront. This might not seem to be the most important aspect of the case especially when placed in the context of children, but failing to pay proper attention to how assets are divided is a mistake that many make and regret. When moving forward with a divorce, the division of assets should be a prominent consideration.

The court's main objective with a division of assets is to achieve some level of fairness for both parties. That does not automatically mean that there will be a split down the middle and each side will get half. Fair and equitable is not the same thing as equal. Not realizing there is a difference is a problem for many people embroiled in a divorce case. There are many factors that will be part of the process. Knowing these is critical from the beginning.