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[New Version] Who Gets the Stimulus Check When Spouses Are Separated or Divorcing?

Going through a divorce is stressful enough, but the coronavirus pandemic spreading throughout the United States presents additional complications for spouses who have decided to split. In addition to changes that might need to be made regarding custody and visitation arrangements while travel is restricted, negotiations over property division need to address any new economic Read More

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Communicating With Your Ex About COVID-19 Custody Issues

During a crisis such as the COVID-19 pandemic, family becomes more important than ever, especially for children whose schedules have been disrupted by long-term school closures and the cancellation of other activities. Parents who are divorced or live apart for other reasons know the importance of maintaining healthy communication through difficult situations. Though this situation Read More

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Bill Introduces Two New Fault Grounds

A new bill has been introduced in the South Carolina House of Representatives to expand the fault grounds available for divorce. Currently, the available fault grounds include physical cruelty, adultery, habitual drunkenness, and desertion, and no-fault divorces are available on the basis of one year’s continuous separation. This new bill seeks to add two new Read More

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Divorce Lessons from Brad Pitt and Angelina Jolie

Divorce Lessons from Brad Pitt and Angelina Jolie Many happily married people – yes, there are many happily married people – ask me why divorces are so difficult. “Can’t they just agree?” I am asked. “I know Jane and she is so reasonable,” and “I know Tom and he is so easygoing.” My stock reply Read More

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Prenuptial Agreements

Prenuptial Agreements A prenuptial agreement is a contract between two persons made in contemplation of their marriage. Such contracts also may be called “antenuptial agreements,” “premarital agreements,” “marriage contracts,” or “marriage settlements.” Historically, prenuptial agreements were considered valid if its purpose was to distribute property upon the death of a spouse, but not upon divorce. Read More

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New Tax Law Reverses Tax Liability for Alimony

New Tax Law Reverses Tax Liability for Alimony During the 25 years that I have practiced law spouses who must pay alimony could find some comfort in the IRS code: alimony payments have been tax deductible. The tax law that has been in effect since 1942 allows spouses paying alimony to deduct their payments from Read More

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Prenuptial Agreements in South Carolina Divorce

Prenuptial Agreements in South Carolina Divorce Recently, I have noticed renewed interest in Premarital Agreements. I attribute the interest to three factors: 1) many people are marrying later in life than previously, with more practical experience resulting in caution; 2) many couples live together before marrying, eliminating the urgency to marry; and 3) about 50% Read More

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Family Court Jurisdiction and Venue: Where do I file for divorce?

Family Court Jurisdiction and Venue: Where do I file for divorce? One of the most common questions I receive is, “Where do I file for divorce?” The answer is not as simple as one might think, so I always respond with a series of questions. First, I ask where both parties live and how long Read More

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Alimony in South Carolina

Alimony in South Carolina South Carolina’s alimony laws can be confusing and alimony cases can be complicated. Unlike child support, there is no approved formula to determine whether or how much alimony to award. Instead, the family court judge has broad discretion where alimony is involved. That is not to say there are no rules Read More

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Contempt of Court Proceeding (Rule to Show Cause)

Contempt of Court Proceeding  (Rule to Show Cause) When Family Court judges issue orders, they expect their orders to be followed. To make sure their orders are followed, the Family Court judges have the authority to hold someone in contempt of court, and to sentence them to up to one year in jail, and/or fine Read More

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