Family Law

CHILD CUSTODY AND SUPPORT

Child custody fights are extremely serious matters. It is virtually impossible to go through such a battle without
the child/children being harmed to some degree due to exposure to psychiatrists, lawyers, guardians, and the
court system in general. For this reason, I do not like to go into a custody fight unless I know with reasonable
certainty that I am going to win it.

In a custody fight, the Court nearly always appoints a third lawyer to represent the child/children. It also is
typical that the Court will order both parents and the child/children to undergo psychological evaluations.

If, in the final analysis, I agree to wage a custody fight on your behalf, you will know that I believe that I am acting
in the best interests of the child/children, and that I expect to win.

Issues such as child support and visitation by the non-custodial parent are governed largely by Court
guidelines. Variations are possible, but require either exceptional circumstances or agreement of the parties,
as well as approval by the Court.

Nothing, not even death, is more difficult to deal with than a domestic dispute. Emotions run high. We fear
for our children. We fear for our financial future. We need sound legal advice and spiritual guidance.

At Douglas A. Barker, P.A., we handle the legal aspect while understanding the emotional difficulty. That is
why we handle each client individually, to meet your unique needs, rather than simply either running you
through the gristmill or chasing a one-size-fits-all strategy.

During your free inital consultation, you will be asked what you wish to accomplish and then a strategy will
be tailored to achieve your goals. If a courtroom fight is required, then a courtroom fight will be undertaken
with the goal of winning. If conciliation and compromise is required, then compromise will be sought, likely
through the process of mediation. If all issues have been resolved amicably by you and your spouse, then a
low-stress legal solution will be fashioned.

LEGAL SEPARATION AND DIVORCE

Prior to 1949, South Carolina followed the majority of states in banning divorce. In fact, divorce was
prohibited by the South Carolina Constitution. However, following World War II and the breakup of many
wartime marriages, a Constitutional Amendment was passed in South Carolina authorizing divorce where
there had been marital misconduct such as adultery, habitual drunkenness, physical cruelty or desertion.

In 1968, South Carolina adopted a no-fault form of divorce when it allowed divorce based on continuous
separation of three years. In 1978, the continuous separation was shortened to one year, and most divorces
obtained in South Carolina now are granted on this ground.

The preexisting four fault grounds for divorce remain, however, and so now divorce can be sought on the
following five grounds:

1. Living separate and apart and without cohabitation for one year;

2. Adultery;

3. Physical cruelty;

4. Habitual drunkenness; and

5. Desertion.

Although fault grounds affect the Court's distribution of property and debt, I do not otherwise concern myself
too much with the grounds of divorce. If the parties can work out the property and debt division, as well as
child custody and support, then a voluntary agreement between the parties can be drafted, executed and
approved by the Court. Once this is done, then the parties can breeze through the final divorce hearing when
it becomes appropriate without concerning the presiding judge with these issues.

If these issues cannot be worked out by the parties, then an action can be filed for "separate maintenance."
This action is an old one first recognized in the 19th century, even before divorce was allowed. In this type of
action, property and debt division, as well as child custody and visitation, usually can be resolved. The
parties will not be divorced at this point, but a separate divorce hearing will be held at the appropriate time.

Alternatively, if neither an agreement can be reached nor an action for separate maintenance is instituted, a
trial is conducted and the Family Court issues its Order resolving the outstanding issues at the same time
that the divorce is granted.

ALIMONY

Alimony, more properly known as "spousal support," is sometimes awarded in divorce cases. Entitlement to
spousal support is gender neutral by law, meaning that either party may be entitled to its award.

Many factors are considered by the Court in awarding spousal support, and it is not awarded in all cases. As
the relevant factors are many, and each case is determined on its own merits, we will be happy to discuss
spousal support in detail with you during an in-office consultation.

Be forewarned: An "adulterous spouse" is totally barred from receiving spousal support of any type or amount.
Even a single act of adultery, even after separation, bars the award of spousal support.