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Family Law Legal Articles

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Let's talk about: pre-nuptial agreements

A pre-nuptial agreement is a legally binding contract between two people in contemplation of marriage that outlines how assets and liabilities are to be divided between them in the event the marriage ends in divorce. Since it is a contract, basic contract requirements must be present, including that the agreement must be in writing and both parties must sign the agreement. Under South Carolina law, a prenuptial agreement can be enforceable as long as certain other factors are met. They are included, but not limited to, the following: Was there any fraud, duress, misrepresentation, nondisclosure, or mistake in of material facts by one person or both people upon signing the pre-nuptial agreement? Is the agreement fairly balanced between both parties? Are the material facts present at the time of signing the same material facts at the time of the nuptials? The agreement can offer other terms of the marriage, including, but not limited to the following: What laws will be apply to the divorce and the prenuptial agreement during the divorce, if a divorce were to occur; How assets will be distributed in the event that one person dies during the marriage; and Sections that protect one person from assuming any pre-marital debts of the other person as a result of their marriage. Sections that describe the structure of any spousal support that may be paid, if any. As situations can arise in every marriage, having a pre-nuptial agreement allows both people to establish mutually-beneficial terms of a potential divorce before the wedding. They allow a couple to contemplate future issues and plan the best course of action for them, and allows decisions to be made while emotions are reserved and not made in the "heat of the moment." If you are contemplating getting married and would like to discuss a pre-nuptial agreement, or contemplating getting a divorce and have pre-nuptial agreement in place, please contact my office today for a free initial consultation to understand your rights under the agreement.

Limited assistance representation: a new alternative for litigants

Discussing Limited Assistance Representation- what is it, how does it work, and how to access it.

Let's talk about: filing for divorce

There can be many reasons why a married couple would consider divorce, whether it be due to the actions or inactions of one of the spouses or whether both spouses agree to terminate the marriage. To file for divorce in South Carolina, the filing partner, or Plaintiff, must be a resident of the state for at least one year (However, when both spouses reside in the state, the Plaintiff must be a resident for three months).

A divorce timeline

A Divorce Timeline

What are the different types of law?

What are the different types of law?

How long is alimony paid after a divorce?

A common question during a divorce is, “How long is alimony paid after a divorce?”

Thinking about divorce? when do you need an attorney?

Many people start thinking about divorce long before they ever set foot in a courthouse. A long separation can sometimes help remove the emotion from the divorce process. But when do you need an attorney?

What would-be parents need to know about colorado adoption

For many Colorado couples, adoption provides an answer to the question of how they will have a family. For others, a kinship adoption can help keep the family together after something has happened to the child’s parents (or their parental rights). But the process can be intimidating.

Parenting time options for active-duty military parents

Parenting time can be a challenge for active-duty military parents. Even once you find a schedule that works, deployment orders can change everything in an instant. What can you do when that happens?