Mount Pleasant South Carolina Family Legal Blog

Be prepared when facing a child custody dispute

On behalf of EGJ Family Law posted in child custody & visitation rights on Thursday, October 11, 2018.

Since child custody and visitation determinations are based on the best interests of the child in question, there are many elements that can come into play. As we discussed previously, domestic violence can play a role in a child custody dispute but so, too, can other issues. Substance abuse is a common problem that can have a negative impact on a child, and may therefore justify a child custody or visitation modification. The same holds true when a parent is emotionally abusive toward a child or he or she lacks the funds to adequately care for the child.

Of course, most parents deeply love their children, which can make child custody and visitation battles intense. What could start as an amicable discussion about an arrangement that is best for the child can quickly evolve into mudslinging where each party's dirty laundry is aired out before a judge. This usually doesn't do anyone any good, but sometimes it is necessary if those issues are directly tied to the child's best interests.

Prenuptial and postnuptial agreements can avoid disputes

On behalf of EGJ Family Law posted in divorce on Thursday, September 27, 2018.

Those who are considering divorce usually try their best to prepare themselves for the battles that may await them. While some couples are able to amicably dissolve their marriages, there are usually sticking points that can turn a calm divorce settlement negotiation into a heated dispute that threatens litigation. This can leave an individual vulnerable to an unfavorable outcome that can have long-term implications.

The importance of getting paternity issues right

On behalf of EGJ Family Law posted in family law on Friday, September 14, 2018.

Many of South Carolina's children are born out of wedlock. This can have tremendous implications when it comes to family law issues like child custody, child support, and visitation. On an emotional level, most children want to know, and most children should know, their father. Men and women may want to know who a child's father is, too, so that an appropriate bond can be built.

4 tips for dividing stock options in a divorce

On behalf of EGJ Family Law on Friday, September 7, 2018.

Property division is almost always a complex aspect of a divorce. Valuating and negotiating even simple assets can be confusing and contentious. You may have even more complicated assets, such as stock options.

Stock options can result in significant payoffs, so you want to make sure you split them fairly. Here are a few key tips to consider when dividing stock options for your divorce:

Marital property vs. separate property in divorce process

On behalf of EGJ Family Law posted in division of assets on Thursday, August 30, 2018.

Divorce can be an expensive endeavor. We're not talking about court costs and attorney fees, but rather the loss of financial resources often seen during marriage dissolution. Whether a South Carolina couple decides to negotiate a divorce settlement or take the matter to court and litigate, property division must be addressed. Those who don't know how property division works in South Carolina and how to make arguments to support their position can be left at a serious disadvantage. This, in turn, may result in an individual losing out on assets to which he or she may be entitled.

Domestic violence can justify child custody modification

On behalf of EGJ Family Law posted in child custody & visitation rights on Friday, August 17, 2018.

Marriages are usually created out of love for one another, but they can quickly devolve into a different type of relationship. Sadly, many marriages turn abusive, whether verbally and emotionally, or physically. While domestic violence can certainly place a victim in harm's way and have an emotional effect on him or her, it can also have severe implications for children who reside in a home where domestic violence occurs.

The benefits of a prenuptial agreement in South Carolina

On behalf of EGJ Family Law posted in family law on Friday, August 3, 2018.

Marriage is the intertwining not only of two individual's emotional lives, but also their physical possessions and financial resources. Of course, when marriage is considered, parties to the union don't expect to divorce, but the truth of the matter is that many marriages end in divorce. In these situations, the individuals involved have to work to untangle their lives, which can be messy and put their post-divorce financial well-being on the line.

What factors make up a child's best interests?

On behalf of EGJ Family Law posted in child custody & visitation rights on Friday, July 20, 2018.

Ending a relationship, especially if it's a marriage, can be emotionally devastating. Even when it's not, the untangling of finances can be a headache. However, for most South Carolina couples going through a breakup, the most important thing to them is their children. Dealing with child custody and visitation issues can be heated when disagreements arise, which is why individuals need to be prepared to make strong legal arguments to support their position.

Those who are seeking to establish an initial child custody order, as well as those seeking to modify an existing one, need to consider what is in the best interests of their child. After all, that is exactly what the court will do when making a decision regarding custody and visitation.

How does adultery play into divorce in South Carolina?

On behalf of EGJ Family Law on Wednesday, July 11, 2018.

Many relationships end due to adultery. Everyone has their own reasons for why they commit adultery, such as the relationship feeling unfulfilling. In many states, a married couple does not need a reason to divorce, so if one person has committed adultery, then it will have no impact on the proceedings.

However, South Carolina is not one of those states. If one spouse has committed adultery, then it can indeed have an impact on the divorce. The exception to this rule would be if one spouse gave the other permission to engage in sexual intercourse with another individual. However, if that is not the case, then adultery can impact the amount of alimony one spouse receives.

New tax law has divorce implications

On behalf of EGJ Family Law posted in high-asset divorce on Wednesday, July 11, 2018.

Divorce is never something to rush. However, when there are high stakes it’s important to take note and do what you can to better your situation. Divorce is a complex issue, both emotionally and financially. The more complicated your assets, the more complicated your divorce will likely be.

The new tax law passed in late 2017 will have a significant impact on those paying alimony in years to come. Any divorce completed by Dec. 31, 2018 will follow existing tax law. Any divorce completed in 2019 or later follows new rules. Specifically, alimony payments are currently tax deductible, while post-2018 divorces will no longer allow the deductions.