Lynchburg Divorce Lawyer, South Carolina
Includes: Alimony & Spousal Support
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Florence, SC 29503
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LEGAL TERMS
PROVOCATION
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.
DISSOLUTION
A term used instead of divorce in some states.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
GUARDIANSHIP
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .
FAMILY COURT
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.
IN CAMERA
Latin for 'in chambers.' A legal proceeding is 'in camera' when a hearing is held before the judge in her private chambers or when the public is excluded from t... (more...)
Latin for 'in chambers.' A legal proceeding is 'in camera' when a hearing is held before the judge in her private chambers or when the public is excluded from the courtroom. Proceedings are often held in camera to protect victims and witnesses from public exposure, especially if the victim or witness is a child. There is still, however, a record made of the proceeding, typically by a court stenographer. The judge may decide to seal this record if the material is extremely sensitive or likely to prejudice one side or the other.
DIVORCE
The legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers wit... (more...)
The legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers with the court. These reasons are referred to as grounds for a divorce.
PHYSICAL CUSTODY
The right and obligation of a parent to have his child live with him. Compare legal custody.
EQUITABLE DISTRIBUTION
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.
SAMPLE LEGAL CASES
Simpson v. Simpson
... (Father). In December 2004, Judge R. Wright Turbeville granted Mother and Father
a divorce. As a shareholder/member of WR Simpson Farms, LLC, Husband was
named a party to Mother and Father's divorce action. Husband ...
Eason v. Eason
... Justice WALLER. This is a cross-appeal from the family court's order which granted
appellant/respondent Charlean L. Eason ("Wife") and respondent/appellant Fredrick W.
Eason ("Husband") a divorce based on one year's continuous separation. ...
Marquez v. Caudill
... They had a rocky relationship and separated three times. Amy filed for divorce shortly
after Katie's birth. ... They reconciled and then separated again in 2003. Stepfather left on
Amy's request and filed for divorce and custody of the children. ...
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