Many state courts are in favor of joint child custody, but some divorce courts may choose to award sole physical and legal custody to one parent and child visitation to the other parent. Another child custody option scenario is when one parent is awarded sole physical custody but shares joint legal custody. Both parents have the right to make decisions about the children’s upbringing, but the custodial parent is responsible for making the day-to-day decisions in the child’s life. Under either scenario, the court is going to decide what is in the best interest of the child.

There are basically two types of full or sole child custody in a divorce: physical child custody and legal child custody.

Under physical child custody, the children live with exclusively with one parent, and the other may be given visitation rights, a schedule determined by the court to determine access by the noncustodial parent..  Under legal child custody,  one parent has the exclusive right – granted by the court – to make decisions about the child’s education, medical treatment, and religious teachings.

Now we know the definition of full custody, how does one get it in a divorce?

The answer to this question could potentially have 50 variations, as divorce laws and statutes can differ from state to state. The best way is to enlist the assistance of a qualified and experienced divorce law attorney. Here at DivorceAttorneyHome.com, we can provide you with the resources you’ll need to find a divorce attorney in your area. It all comes down to what is determined to be in the best interest of the child. These are the most common factors considered in determining “best interest”:

• The child’s age and health
• The health of the parents
• The stability of the parents and their lifestyle
• How well the children have adjusted to their community and their school (Would it be detrimental to move them away?)
• The parents’ ability to provide for the child’s needs, both financial and emotional
• The quality of relationship the child has with each parent
• Whether the child or the parents have disabilities
• The children’s preference of which parent to live with, providing the court rules the children are old enough or mature enough to make such a decision, and if they agree the children’s decision is in their best interests.

Child support is payment provided by parent’s to help a child during their formative years following a divorce or separation. When you have a child the court assumes your principal obligation is to support that child the best you can according to financial ability. With this assumption, if parents divorce, the court assumes that the child’s standard of living should not substantially decrease, but instead, they should be able to maintain their current standard of living.

For example, if the custodial parent is unable to provide the financial support that the other parent enjoys, the court recognizes that child support should reflect the lifestyle of the non-custodial parent. The courts often award child support as a percentage of the noncustodial parent’s income.

Who has to pay child support?

State courts can order either the mother or the father to pay child support. Payments are made on a monthly basis and generally deducted automatically from the wages of the parent. Automatic deduction generally eliminates the need for additional state or law enforcement interaction.

How long does a parent have to pay child support?

The duration of child support payments can vary by state, but generally payment must be paid while the child is considered a minor or attending high school. Certain states have extended the responsibility of the parents but generally child support is terminated when the child either marries, becomes self-supporting, joins the military, dies or reaches nineteen years of age.

When can child support payments be modified?

Given the state of the economy and the high job loss rate, many individuals have found that they are unable to continue to make child support payments. It is possible to modify a child support order if there has been a “material” change in the situation of the person paying child support.

Material change can be negative or positive. For instance, child support could be lowered if there has been a job loss or wage decrease. It could be increased, however, if the parent paying has received a large inheritance or if the child spends less time with the parent.

The courts may also increase child support payments if the needs of the child change, for instance, if the child has a substantial increase in their medical needs or educational requirements.

How does the court determine the amount of child support paid?

State laws may vary, but generally the courts will evaluate the net incomes of each parent. The court will derive the net income by first subtracting expenses from their gross income including taxes, health insurance costs, mandatory costs, and health insurance.

Issues to consider prior to filing for divorce

Child custody and child support issues are the two biggest concerns for most divorcing parents. Most parents are concerned with whether or not they will be able to take care of their child and maintain a good standard of living for their child after their divorce. Other parents are very concerned about their child’s overall well-begin.

What do you do to ensure your child is taken care of after your divorce? The first thing to do is talk to a good divorce lawyer.

In fact, six plaintiffs in the state of Georgia have filed a class action lawsuit to force the state to provide family law attorneys for certain parents who cannot afford to hire their own lawyer and who may be facing incarceration for not paying their child support payments.

According to the nonprofit Southern Center of Human Rights in Atlanta, who is helping the plaintiffs with their claim, many plaintiffs, find themselves, “Languishing in jail for weeks, months, and sometimes over a year, these parents share one trait … besides their poverty: They went to jail without ever talking to an attorney.”

Critics of the current system argue that the incarceration, mostly of men, who are unable to pay their child support payments, penalizes the unemployed and low income who are unable to pay. Others claim the system closely resembles debtors’ prisons which were common in the early 1800s but were later outlawed.

The court proceedings are generally civil cases and the judge is able to send the parent to jail after they find them guilty of contempt of court. .The hearing only takes a few minutes.

Proponents of the current system argue that the threat of jail may increase the incentive for many parents to pay child support but critics point out that defendants should be entitled to some type of constitutional protections that other criminal defendants get and that there should not only be the “presumption of innocence”, but the defendant should also have the right to legal representation.

The Supreme Court disagreed, however, ruling in a case last year that parents, even low income parents, are not entitled to a court-appointed family law attorney if they are facing potential jail time for non-payment of child support.

In the Courts ruling they stated the states should use “substantial procedural safeguards” to protect the parents who have no means to pay child support.
The ruling by the Supreme Court, according to some experts, provides “very weak protections” for poor parents and will do little to solve the problems of those who are unable to pay and find themselves facing potential incarceration.

Hiring a Divorce Attorney

Are you considering divorce? Do you have children? If the answer to these questions is yes, it is time to talk to divorce lawyer. If you have attempted reconciliation and all of your attempts have failed, you may need to seek legal counsel.

Divorce lawyers understand the complexities of the divorce process and can review your situation and help you determine if divorce is right for you. Complicated divorce issues such as child support, child custody, spousal support and property distribution can differ by state. Find out how your state laws can affect your divorce and make sure you and your family are protected in the divorce process.

Actor Jon Cryer first achieved fame during the 80s when he starred with Molly Ringwald in the movie “Pretty in Pink.” His career was quiet for a decade or so until he resurfaced in the very popular sit-com ‘Two and a half Men’.

He married in 2000 and had a son with his wife, Sarah. They divorced in 2004 and Sarah was awarded custody of their son two-thirds of the time while Jon had him one-third of the time. Sarah was awarded $10,000 per month in child support from Jon.

Sarah hit some rough times in 2009. Her only income was the money she received from Jon for their son. Later her son was removed from her care by child protective services and handed over to Jon. Since Jon had physical custody of his son, he felt he should have to pay his ex-wife $10,000 per month.

Jon and his family law attorney took Sarah to court to have his child support reduced. Jon was earning between half a million and $800,000 every month. Sarah and her attorney argued that she would be impoverished without the support and would not be able to supply a decent home for their son when he was in her care. The family law court decided to reduce Mr. Cryer’s child support to $8,000 per month and further ordered him to pay $60,000 towards Sarah’s attorney’s bills.

According to the court, “Each parent should pay for the support of the children according to his or her ability.” The court also ruled that the earning parent has an obligation to “support his minor children according to the parent’s circumstances and station in life.”

One detail that the court stated over and over was that the child was placed with Jon after intervention by child protective services and that the eventual goal was the reunification of Sarah and her son, when she was in a better place.

Understandably, Jon and his divorce attorneys disagreed with the ruling stating that the child only spent 4% of his time with his mother and the other 96% of his time in his father’s care. They felt that $1,141 per month was in keeping with the guidelines of family court, but the court disagreed saying this would be “unjust and inappropriate”.

The court also reasoned that a drastic reduction in payment would cause Sarah to lose her home and negatively affect her ability to regain primary custody of their son. The courts desire was to support reunification.

This child support case involved many court motions and orders which were expensive. Jon could have just litigated Sarah out of any chance to a fair trial. Therefore, the court argued, the fee awarded for legal fees put Sarah on an equal playing field.

Although this family law case was highly unusual, it is important to note the court’s decision forcing the primary custodian of the child to pay child support to the non-custodial parent. The amount of income earned by Jon was a definite factor in the decision.

Hiring a Divorce Lawyer

If you believe a change in situation has occurred in your life and your child custody order should be re-examined, please contact a reputable family law attorney in your state.

The press reports that Grigorieva, according to the settlement, is entitled to $750,000 and will be allowed to live in Gibson’s Sherman Oaks, California, home until the couple’s daughter, Lucia, is 18-years-old. This is considered a modest settlement, especially considering Robyn, his ex-wife of 28 years, could have received half of Gibson’s estimated $900 million fortune.

This is the second major break-up for the once mega star who reportedly had an affair behind his wife’s back (who he was married to for 20 years). Gibson denied the affair but his girlfriend, Oksana Grigorieva, later announced that she was pregnant with his child.

The relationship between Grigorieva and Gibson has been a turbulent one. In July of 2010, reports of a “raging” Gibson were available online with Gibson threatening to “bury her in her rose garden” and her “needing a bat to the side of her head”. Earlier this year, Gibson faced charges of misdemeanor battery and entered a plea of no-contest.

Sources confirm that the star is glad to have all of these issues resolved but others confirm that the star’s image may have been irreparably tarnished.

Hiring a Divorce Lawyer

Nearly 2 million couples marry each year in the United States each year, and unfortunately, many of these couples will end up filing for divorce. Whether or not you have married or just had a child together, if you are separating or filing for divorce it is time to talk to a lawyer.

Ending a relationship is never easy, and it should be the last option for you and your spouse, but if you have attempted reconciliation and you need help, talk to a divorce attorney. Divorce lawyers can review your case and let you know the best way to protect yourself.

Discussing Child Support with a Lawyer

Child support and child custody is often one of the most widely contested, emotional and difficult issues in a divorce or separation. The courts will evaluate a variety of factors and may decide from either of the following common arrangements: joint legal custody, joint physical custody, or sole custody.

California courts have wide latitude to make custody arrangements, but the ultimate goal is to determine what is in the best interest of the child. To make their decision the courts will evaluate the following factors:

• The welfare, safety and health of the child
• Whether either parent has a history of abuse
• The nature of the contact of the parent and the child
• The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
• Any other factors the court finds relevant.

(Based on California Family Code – Sections: 3010, 3011, 3040)

If you are considering separation or divorce, contact a divorce lawyer to make sure you make the best arrangement for your child.

“We have loved each other for a very long time,” Gilbert stated in March, “and we share four incredible sons together.” In addition to their son Michael (named after Michael Landon), Boxleitner, 61, has two sons from a previous marriage and Gilbert has one son from her previous marriage.

A former president of the Screen Actors’ Guild, Gilbert grew up in a Hollywood family and landed the starring role of Laura Ingalls on “Little House” at the age of eight. Boxleitner was best known for his role in the movie “Tron” in 1982 and his role on the TV series “The Scarecrow and Mrs. King”.

While it appears their divorce will be more agreeable than other recent celebrity divorces, child custody issues and spousal support could be possible points of contention.

Child Custody Laws in California

Custody laws in California may vary slightly from other states. In California, the court has all the power to determine which partner will gain custody of the children involved. Like most states, California is constrained by divorce statutes which direct their decision on where to place the child. It is important to contact a family law attorney for more information if you are considering a California divorce.

As in other states, California courts first priority is to guarantee the best interest of the child. In the second statute, the courts consider “frequent and continuing contact.” In other words, it is the court’s duty to ensure that both parents (assuming both are “fit parents”) remain an equal part of the child’s life. This includes making joint decisions about important events in the child’s life.

The court will give priority to the “natural” parent. If neither parent is judged to be suitable, the court will then look to a step-parent or grandparent.

It is important to seek the advice of a family law attorney when you are confronting a child custody battle. Divorce lawyers can help you mount a viable case in California courts. One thing to remember: the judge’s main concern in custody battles in California is the best interest of the child.

Spousal Support laws in California

When California courts are considering spousal support in a California divorce case, the statute requires that they consider the following factors:

*Is each party able to sustain their standard of living? This includes employment opportunities, marketable skills, education and the need for training.

*The amount of time the receiving spouse was unemployed performing domestic duties and how this affected the spouse’s earning capacity

*The extent to which the supported party contributed to the education and training of the supporting party

*The ability of the supporting party to pay spousal support taking into account the supporting party’s income, earning potential, assets and standard of living

*The duration of the marriage

*The age and health of both parties

These are the main points of emphasis when judges in California are determining the amount and duration of spousal support. If you are seeking advice regarding child custody or spousal support, it is important to contact an experienced family law attorney in your area who can help guide you to the best possible outcome for you and your children.

Mediation is defined as a non-combative method of filing for divorce which potentially can help both spouses reach an advantageous result in the divorce process. Divorce mediation may allow couples to avoid some of the more traditionally unpleasant aspects of the divorce process.

Pros of Divorce Mediation

Divorce is painful, regardless of the technique used, but divorce mediation may allow married couples to work with a neutral divorce facilitator who assists the spouses as they make their divorce decisions. The facilitator is not a divorce lawyer. Mediators do not “advocate” for one person in the divorce, but help both couples identify any areas of disagreements, including child custody and child support, and negotiate an agreeable settlement.

Couples often prefer mediation because it can facilitate healthy communication. The mediator may also have the legal expertise to help the couples complete the mandatory divorce forms and legal documents. All negotiations and issues are confidential, and mediation is often less expensive than a traditional divorce, which pleases everyone.

Mediation may also help the children adjust to the divorce. If children understand that both parents were partners in the divorce process and they worked together to come to a mutual agreement that worked for everyone, they may be happier with the final outcome of the child custody arrangement.

Mediation will also allow couples to seek a resolution in court if they determine that mediation is not going to work. If the outcome of the mediation is not acceptable, either party in the divorce may choose to hire a divorce lawyer and schedule a court appearance to decide the divorce issues.

Mediation may only be successful when both spouses want to have an amicable divorce. If one spouse is not honest or chooses to hide vital information from the other, mediation may not be successful. Mediation has become increasingly popular and has helped many couples through the divorce process.

Cons of Mediation

Divorce mediation can be a good alternative to traditional divorce, but there are some limitations in the mediation process. Some of the disadvantages can include the following:

• Mediators do not have the power of a judge. They do not have the legal authority to force either spouse to agree to any type of divorce arrangement, and the success of mediation will rest entirely on the ability of each partner to work together to come to a mutually advantageous agreement.
• Mediation will require face-to-face meetings and discussions with your spouse. If you and your spouse have had a contentious break-up or if either spouse was abusive or manipulative, mediation may not be successful.

Discussing Mediation with a Divorce Lawyer

Although many states do not require mediation, more and more judges are requiring spouses to attend a formal settlement conference or Alternative Dispute Resolution (ADR).

If you do choose mediation, keep in mind that many states also do not have any special types of licensing requirements for mediators. How do you find the best mediator? Researching the mediator’s background and experience is important. Discussing your divorce with a divorce lawyer is also important. Divorce lawyers may be able to offer some advice about choosing the best mediator for your divorce.

If you are considering filing for divorce and you have questions, contact a divorce lawyer. Divorce attorneys understand divorce law and can help you determine how to proceed. Fill out the FREE case evaluation form and let us help you with your divorce.

Sheen will also pay out $800,000 upfront and another 1.2 million for Mueller’s share of the family home; Sheen will maintain ownership. Brooke Mueller also received a 2009 Mercedes in the settlement while waiving her right to any spousal support.

Charlie Sheen and Brooke Mueller were married on May 30, 2008, but they have not lived together since Christmas 2009 after an incident involving both parties. On that day, Sheen was arrested for an alleged assault on Mueller. In Aspen, Colorado, Brooke Mueller alleged that Sheen threatened to kill her while holding a knife to her throat. He was put on probation in 2010 after pleading no contest to a charge of assault.

Charlie Sheen’s troubles have been well-publicized for many years. They consist of incidents of drug and alcohol benders as well as an altercation with Capri Anderson, a porn actress. But, Mueller is not without her share of bad choices.

She did a couple stints in rehab for her own addiction to cocaine, which also happens to be one of Sheen’s problem drugs. Since the separation, Sheen has been living impulsively. He maintains that he is sober while delivering eccentric rants online. He lost his highly lucrative job on his hit sit-com “Two and a Half Men” for disparaging one of the show’s executives. Around this same time, he also began living with two much younger women.

The one slightly surprising item in the divorce said that “under no circumstances shall the child support paid by Charlie for Bob and Max be less than the child support paid by Charlie to Denise Richards (Sheen’s ex-wife) for daughters Sam and Lola.” Whether this is a matter of jealousy or simply an attempt to ensure that her children are well cared for is up for debate and speculation.

While few people have all of the crazy entanglements and excess baggage that the Sheen/Mueller marriage and divorce contained, each divorce is unique and may require the help of a capable divorce attorney. If you are considering filing for divorce and need help from a divorce lawyer, fill out the FREE case evaluation form for more information.

Your child’s reaction will be hard to predict

When the time comes to explain to your children about your divorce, their reaction will depend on their level of emotional sensitivity.  Their response could range from no emotion at all to a fit of tears and pleading.  Your child will possibly have many doubts and fears, so get ready for a wide range of questions and answers that may seem apparent to you, but confusing for your child.

Younger kids vs. Older kids

There is no best age for a child to go through a divorce, but younger children do experience it differently than older children. Younger children, whose brains are not fully matured, are still developing their personality. They take in everything around them and watch their parent’s every action. 

A divorce, between the ages of 2 and 8, will leave a lifelong impression on your child. Sensitive children will often blame themselves and look for things they did wrong which might have caused their parents’ divorce.  Children with stronger personalities could lash out at their friends and/or family in anger.

“It’s not your fault”

Your child may instantly blame himself for problems that are causing the divorce. It is important to reassure your child that nothing he or she did caused the divorce. Let them know that no amount of “good” behavior on his or her part can stop the split. Depending on their temperament, they may or may not believe you. Remember to repeat this assurance throughout the divorce process.

Don’t be negative towards your spouse

It may feel good to criticize your spouse and point out his/her faults to your children, but this behavior never works for the benefit of your child.  Constant criticism could make your children resent your spouse, which is never good because that person is and always will be their father/mother. 

Those feelings will negatively affect their emotional development.  In time, they could come to resent you for trying to rob them of a closer relationship with the other parent. 

Be careful not to share too much information when giving a reason for the divorce. Children need an explanation, but they don’t need the details.  Saying, “Daddy would rather work than be with his family” or “Mommy spends all of our money on herself”, are not helpful things to say. Your children will only be confused by those types of criticisms.

Change

Children do not respond well to change.  They thrive in an environment that is stable, predictable and safe.  When working out custody and visitation issues, try to bring the parent without primary custody to pick up the children.  Reassure your children that although they will not be living with both parents together, both their mother and father will be a big part of their lives, just at different times.

Although your family is about to experience a radical change, it is best for you and your spouse to keep things as normal as possible.  Do your best to put aside arguments with your spouse and get along for the sake of your children’s psychological and emotional health.

Divorce is a difficult decision, but hiring the right divorce lawyer can help you negotiate some of the most difficult issues such as child custody, child support, property division and spousal support. If you need help from a divorce attorney, contact a divorce lawyer and let them review your case.

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No one thinks they will get divorced, but divorce statistics indicate that over half of American marriages end in divorce. If you are thinking about filing a South Carolina divorce, you need help from a South Carolina divorce attorney.

Hiring a South Carolina divorce lawyer

South Carolina divorce lawyers can guide you through any type of divorce. Filing a South Carolina divorce can be complicated and emotionally taxing. Let a South Carolina divorce lawyer act as your legal advocate and negotiate the best possible South Carolina divorce.

South Carolina divorce lawyers can help with all divorce issues including: South Carolina alimony, South Carolina child support and child custody arrangements and property distribution. South Carolina divorce attorneys can make sure your understand South Carolina divorce law and help protect you and your family.

Children and Divorce in South Carolina

The state of South Carolina uses the Income Shares Model for calculating child support payments. The assumption under this model is that the child should receive the same proportion of their parent’s income that they would have received if their parents had not divorced. After the support amount is calculated the amount paid by each parent is offset if one of the parents is the custodial parent of the child.

South Carolina courts may decide to award a different South Carolina child support amount if they can prove the amount calculated from the guidelines is unjust or unfair. Prior to adjusting the child support payment amount they must consider a variety of factors including:

• How many children the family has to support
• Equitable distribution of property
• Additional educational costs for the child
• Family debts
• Whether there are extraordinary medical or dental costs for the child
• Mandatory deduction of retirement pensions and union fees
• Whether one parent has other dependents which they are currently supporting
• If there is significant available income for the child
• If the noncustodial parent’s income is substantially less than the custodial parent
• If either parent is receiving alimony
• Any agreements which have been made between the two parties

More detailed information can be found in South Carolina Code of Laws chapter 3; Sections 20-3-160, 20-7-40, 20-7-100.

Custodial parents who need help obtaining child support can get help from South Carolina’s Child Support Enforcement which is a division of South Carolina’s Department of Social Services. Child Support Enforcement can help custodial parents with the following:

• Enforcing South Carolina child support orders
• Establishing paternity
• Reviewing South Carolina child support orders
• Locating noncustodial parents

Parents who refuse to pay South Carolina child support orders may face severe consequences. South Carolina’s Child Support Enforcement Agency may:

1. File contempt of court proceedings, which may result in a jail sentence of the noncustodial parent if they are found in contempt of court.
2. Withhold child support payment from the noncustodial parent’s wages or unemployment benefits
3. Withhold income tax refunds
4. Revoke the noncustodial parents drivers license
5. Pursue federal prosecution where the noncustodial parent lives out of state.

Child support enforcement Information obtained from the South Carolina’s Child Support Agency’s website.

South Carolina Child Custody Law

Child custody issues are often the most contentious and emotional legal issues which must be decided in a South Carolina divorce. Most parents want what is best for their children, but often they are unable to agree on a South Carolina child custody arrangement. If parents can not agree on a South Carolina child custody arrangement the courts will be forced to make that decision for them.

The current preference for most courts is to allow joint custody, but this arrangement is only allowed if the courts determine it is in the best interest of the child. South Carolina courts do not assume that either parent is better suited to have custody of the child regardless of their sex, but they will evaluate several factors to make their determination.

• If the child is old enough to have a reasonable preference the court will give their preference consideration. The child’s age, maturity level and experience will give weight to their preference.
• If either parent has committed physical or sexual violence against the child or other parent
• The court will also consider who has had the primary responsibility for caring for the child during the marriage.

If you and your spouse need help arranging a child custody agreement, it may be a good idea to talk to a South Carolina divorce lawyer. More information about South Carolina child custody laws can be found in

the Code of Laws for South Carolina – Chapter 3; Sections 20-3-160, 20-7-100, 20-7-1520.

South Carolina Divorce Laws

South Carolina divorce petitioners, who are filing a South Carolina divorce, must meet either fault or no-fault grounds. Petitioners must also state their grounds in their Petition for Divorce. All South Carolina divorce grounds must be proven either by testimony or evidence in a South Carolina court.

South Carolina divorces may be granted on “no-fault” grounds if the spouses have lived separate and apart without cohabitation for a period of one year.

South Carolina divorces may be granted on “fault” grounds for any of the following reasons:

· Willful desertion for a period of one year

· Cruel or barbarous treatment

· Excessive use of alcohol or drugs

· Adultery – Adultery is committed if one spouse has voluntary sexual relations with someone other than their spouse.

More information for grounds for a South Carolina divorce can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-10. Filing for a South Carolina divorce can be complicated, and South Carolina divorce laws vary from other states. Contact a South Carolina divorce lawyer if you need more information about whether or not you can file a South Carolina divorce.

South Carolina Divorce Residency Requirements

South Carolina, like all other states, has very specific requirements for filing a South Carolina divorce. Failure to meet the South Carolina divorce residency requirements may result in the South Carolina court dismissing your case. Most couples will not have to worry about South Carolina divorce residency requirements unless they have recently moved or they are planning to move.

South Carolina divorce residency requirements require:

• The petitioner of a South Carolina divorce must have resided in South Carolina for at least one year prior to the commencement of the divorce action. If the divorce petitioner is a nonresident, the defendant must have resided in South Carolina for one year, provided that both parties are residents of South Carolina when the divorce action is commenced; the petitioner must have lived in South Carolina three months prior to the commencement of the South Carolina divorce action.

More information concerning South Carolina divorce residency requirements can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-30, 20-3-60, 20-3-80.

Alimony in South Carolina

Alimony refers to spousal support or maintenance after the South Carolina divorce is final. Alimony is not guaranteed in a South Carolina divorce, and the amount awarded, if any, may be influenced by the distribution of marital property. South Carolina courts will evaluate a variety of factors before assessing the need for South Carolina alimony including:

• The ages of each spouse
• The length of the South Carolina marriage
• The mental and physical health of each spouse
• The educational background and employment status of each spouse and their ability to produce their own income and become self-supporting
• The standard of living in which each spouse has been accustomed during the marriage
• The earning potential of each spouse
• The current expenses of each spouse
• The current assets of each spouse
• The existence of any other spousal support obligations of either party to previous spouses
• Any other factor the South Carolina court deems relevant to their decision

South Carolina courts have wide latitude in determining alimony payments and unlike child support payments, alimony or spousal support payment amounts are not established by state statutes. If you have questions concerning the amount of South Carolina spousal support you may be entitled to receive or be forced to pay, contact a South Carolina divorce lawyer. More information about calculating alimony payments in South Carolina can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-120, 20-3-130, 20-3-140.368081

South Carolina Annulments

Annulments, while still allowed under South Carolina law, have become less common as the stigma for divorce has decreased. South Carolina annulments are different than a South Carolina divorce because instead of terminating the marriage contract, an annulment makes the marriage void or like it did not exist. South Carolina annulments may be granted for a variety reasons, but establishing cause for an annulment can be difficult.

South Carolina allows an annulment for the following reasons:

• Mental Incapacity – If a spouse is mentally incapacitated and unable to enter into the marital contract, the South Carolina marriage may be annulled.
• Underage Marriage – If either spouse was under the legal age to consent to the marriage, the marriage may be annulled.
• Fraud – If either spouse has misrepresented himself in the marriage or tricked the other spouse into marrying him, the marriage may be annulled.
• Impotent – If the marriage can not be consummated due to a spouse’s impotency, the marriage may be annulled.
• Duress – If a spouse was forced or threatened to marry, the marriage can be annulled.
• Venereal Disease – If a spouse was infected with a sexually transmitted disease, the marriage may be annulled.

Annulling a marriage may be complicated. Many annulments must be requested within a specific time period to be valid. Contact a South Carolina divorce lawyer if you have questions about your ability to annul your South Carolina marriage.

Legal Separation in South Carolina

South Carolina does not specifically allow for “legal separation” but couples may live apart and separate without filing for a South Carolina divorce by filing a petition for separate maintenance and support. For couples seeking reconciliation or who choose not to divorce for religious reasons, living apart and signing the petition for separate maintenance and support may allow them to maintain the benefits of marriage while living separately.

The petition for separate maintenance and support allows the court to decide important legal issues such as how to divide marital assets, what type of alimony may be awarded and who will have custody of the children. Petitions for separate maintenance and support are legal documents and prior to establishing or agreeing to any issues it is important to talk to a South Carolina Divorce attorney.