In South Carolina, in order to get a no-fault divorce, the parties must have been separated for a year or more. If you reconcile, then separate again, the time starts over. The fault based grounds for divorce include physical cruelty, habitual drug use, adultery and desertion.  In order to prove adultery, the evidence must show that your spouse had the inclination and opportunity to have an affair. Most divorce lawyers in Myrtle Beach also like to have evidence of affection, for example, a picture of the spouse embracing a paramour. Circumstantial evidence can be used to prove adultery, but it must be clear and convincing. If one spouse is successful on a claim of adultery, the other spouse is barred from receiving alimony.

Habitual drug and alcohol abuse is difficult to prove, you have to be able to show that the other spouses drug or alcohol abuse was the cause of the break down of the marriage.  Physical cruelty can be proven in a variety of ways, however, proof of physical violence does not always establish physical cruelty as a ground for divorce.

The parties assets are usually divided 50/50 using a process known as equitable distribution. Any property that you owned before the marriage is considered to be separate property and not subject to equitable distribution unless it transmuted into marital property. For example, you buy a house, and a few years later you get married. You decide to add your spouse to the title of the home and live in the home for the duration of the marriage. The court may find that this home transmuted into marital property even though it was originally separate property.

The court considers many factors when deciding to award alimony in South Carolina, including the age of the parties, their standard of living, assets, wealth, and the length of the marriage. The court also considers the actual need of the party seeking alimony and the other spouse’s ability to pay the alimony. However, if the party requesting alimony has committed adultery, that person will be barred from receiving any alimony.

If you have questions about divorce laws in South Carolina, contact the Mace Firm, we have divorce lawyers in Myrtle Beach SC who can assist you.

In all cases in which child support is an issue, the family court considers the child support guidelines in South Carolina. As a result, t is important to hire a divorce attorney in Myrtle Beach, SC who is knowledgeable about child support guidelines. The guidelines are based on the idea that a child should receive the same financial support that they would have received if the parents were still living together. According to the court case of Mitchell v. Mitchell, the family court should consider the following factors when establishing child support: both parent’s income, the ability to pay child support, education, expenses, and assets and the facts and circumstances of each case.  Also, whether or not the medical insurance or childcare is an expense will also come into play when calculating child support. The children should have the same standard of living they would have had if the parties were still together.

When parents combined incomes are high and the guidelines do not cover the amount, the court considers the child support amount on a case by cases basis. Therefore, if you are seeking child support in Horry County, it is important to speak with a family law attorney in Myrtle Beach, SC to explain your rights. South Carolina case law states that, “a child is entitled to live and be supported in a life style commensurate with the current income of his parents.” see Mallett v. Mallet 323 S.C. 141, 149, 423 S.Ed.2d 804, 809 (Ct. app. 1996).

Another issue that must be addressed is whether a child has an extraordinary medical expense. The child support guidelines assume that the parent managing custody of the minor child will be responsible for up to $250.00 per year in uninsured medical expenses. Extraordinary medical expenses are those reasonable and necessary uninsured medical expenses in excess of $250.00 per child each year.

If you have questions about child support in South Carolina, contact the Mace Firm, we have attorneys in Myrtle Beach who practice family law who can assist you.

It has been confirmed that Blake Lively and Ryan Reynolds were married at Boone Hall Plantation in Mt. Pleasant, South Carolina, just outside of Charleston. This is the second marriage for Reynolds, who married Scarlett Johansson in 2008 and divorced two years later citing irreconcilable differences.

South Carolina does not recognize irreconcilable differences as a ground for divorce, instead South Carolina’s no fault ground for divorce is one year’s continuous separation. The parties must be separated for a year or more in order to obtain a divorce based on this ground.

South Carolina also has four fault grounds for divorce: adultery, physical cruelty, habitual intoxication, and desertion. In order to obtain a divorce in South Carolina, a party must be a South Carolina resident for a year prior to the action being filed. If both parties reside in South Carolina, the residency requirement is three months.

In order to be granted a divorce based on adultery, the party must show that their spouse had the opportunity to commit adultery, and is inclined to do so. Opportunity can be proven by offering evidence that a spouse was alone in a private location with a member of the opposite sex and inclination can be shown through evidence of affection, for example, pictures of the couple embracing, kissing or holding hands.

In order to be granted a divorce based on physical cruelty, there must be evidence of violence that causes unsafe cohabitation. Slapping, hitting is generally not enough evidence, however, a serious violent act may be enough for a party seeking a divorce in South Carolina based on physical cruelty. It is important to note that mental or emotional cruelty is not a recognized ground for divorce in South Carolina.

In order to obtain a divorce based on habitual drunkenness or drug use, a spouse must prove that the drunkenness or drug use contributed to the break down of the marriage. A spouse must also prove that the dry or alcohol abuse is frequent or a fixed habit.

It is important to discuss these grounds with a Myrtle Beach divorce lawyer if you are thinking about getting a divorce in South Carolina.

Contact a divorce attorney today in Myrtle Beach South Carolina if you have questions relating to divorce, child support, child custody, visitation rights, alimony and property division.

The Mace Firm and the Myrtle Beach divorce lawyer handles Family law cases in the Myrtle Beach area, including divorces, child custody and visitation cases.

Robert Pattinson has canceled public appearances to promote his film “Cosmopolis.”  News broke earlier that his longtime girlfriend, Kristen Stewart, cheated on him with director Rupert Sanders.  Stewart issued an apology to Pattinson, but it appears that he has not forgiven her for her indiscretion.

If Pattinson and Stewart had been married in South Carolina, he would be able to file a divorce based on adultery.  Proof of adultery in South Carolina as a ground for divorce must be “clear and positive.”  However, every divorce attorney in Myrtle Beach, and all over the State know that adultery can be proved using circumstantial evidence that establishes the inclination to commit adulterous conduct as well as the opportunity to do so.  Direct evidence is not required.  However, evidence that a spouse was with a member of the opposite sex on several occasions is not enough, more evidence of affection is needed.

In this case, if he had been married to Stewart in this State, Pattinson’s Myrtle Beach divorce lawyers could use the pictures published by Us Magazine to prove adultery.  The pictures show Stewart and Sanders embracing.  Additionally, Stewart’s public apology could also be used against her by a family law attorney in Myrtle Beach in court as an admission.  Additionally, a Horry County divorce lawyer could take Stewart’s deposition and ask her questions about her relationship with Sanders.

Once adultery is proved at a final hearing for divorce, it is a bar to alimony.  It is the law in the State of South Carolina that “no alimony may be reward to a spouse who commits adultery.”  Therefore, if Pattinson is successful on his claim of adultery, Stewart would not receive any alimony from him.

Evidence of fault may also affect equitable distribution.  When determining how to divide the assets acquired by the parties during a marriage in South Carolina, the Horry County Court considers a number of factors, including but not limited to the length of the marriage, marital misconduct, contribution to the marriage by each spouse, the income of each spouse, heath and retirement benefits, any award of alimony and child custody.  All property acquired during the marriage is part of this process unless the court determines that some of the property is non-marital.

Here, Pattinson may receive more than half of the assets if he is successful on his claim of adultery.  Call an experienced Horry County divorce lawyer to discuss your case today.

 

Twilight star Kristen Stewart has been caught cheating on her on and off screen boyfriend Robert Pattinson.  Stewart admitted today to having a romantic fling with the director of her recent movie, “Snow White and the Hunstman.”  Stewart and Pattinson are not married and do not have any children, however, the man Stewart had an affair with, Rupert Sanders, is married and has two children.

If Sanders was married in South Carolina, his wife could file an action seeking full custody of their two children and could seek a divorce based on the grounds of adultery.  She would also ask for child support.  In order to prove adultery in South Carolina, a Myrtle Beach divorce attorney must prove inclination and opportunity by clear and convincing evidence.  In this case, Stewart’s admission could be used against Saunders in a divorce case.  She could even be subpoenaed to testify about the affair.

Adultery can be very difficult to prove in South Carolina, and a private investigator is often needed to offer proof of a spouse’s adultery.  This evidence may include pictures of a couple embracing, leaving a house or hotel, or as in this case, pictures of the couple embracing in a vehicle.

Adultery is not the only fault ground for divorce in South Carolina, habitual drunkeness, desertion, and physical cruelty are also fault grounds for divorce.  South Carolina’s no fault ground is when the parties have been separated for one year or more.  In some cases, evidence of adultery may affect who retains custody of the minor children.  For example, if one spouse can prove that the other spouse committing adultery exposes the minor children to a paramour, this will effect the case.  As a result, every Myrtle Beach divorce and custody attorney advises a client to refrain from entering into a romantic relationship when going through a divorce.

If Saunders’ wife decides to forgive her husband and the parties reconcile, she can not use his relationship with Stewart against him in a later proceeding.  He will have an affirmative defense to her claim of adultery, reconciliation.

If you have questions about adultery in South Carolina, contact our divorce attorneys in Myrtle Beach, SC today.