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What Will Happen to Your House in a South Carolina Divorce?

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Property and Divorce - The Peck Law FirmYour spouse may have told you that he or she wants a divorce. You may not have seen it coming.

After you have sorted through the emotional fall-out from that surprise announcement, you may be trying to understand what a divorce could mean for you and your children. One of your first questions may be: “What will happen to our marital home?”

Alternatively, you may be in a bad marriage and you may be exploring what your life might be like if you got a divorce. [Read more…]

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South Carolina Aquarium a Key Player in Local Conservation

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Charleston sea turtle - The Peck Law FirmAs a proud member of the Charleston and Mount Pleasant communities, I often feel the need to give credit to important local foundations and activists.

In our area, the South Carolina Aquarium is a key player in the fight to conserve the local marine ecosystem. [Read more…]

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How To Calculate Alimony In a South Carolina Divorce

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One of the more frequently asked questions in a South Carolina divorce is: How do you calculate alimony?

The answer is that South Carolina does not have a formula or specific mathematical guidelines to determine the amount of alimony that must be paid. Instead, your divorce judge will review the South Carolina alimony law and the specific facts in your divorce case.

Your judge will first want the divorce attorneys to answer four key questions:

(1)  Does your spouse or you need alimony?

(2)  If the answer is “yes,” why is alimony needed?

(3)  Can your spouse or you afford to pay alimony without undue hardship?

(4)  Is this a fault-based divorce?

If the judge decides to award alimony after hearing the answers to those questions, the amount of alimony to be paid will be based primarily on the answers to the following questions:

(a)   How long have you been married?

(b)  How old were you when you married?

(c)   How old will you be when you get divorced?

(d)  How much education and training do your spouse and you have?

(e)   Does either of you need additional education or training to reach your income potential?

(f)   Are both of you physically able to work without a health limitation?

(g)   Does one of you suffer from an emotional condition that limits the ability to work?

(h)  When, where, and for how long have each of you been employed or unemployed?

(i)    How much is each of you earning now?

(j)    How much could each of you earn if you were fully employed?

(k)  What are your respective living expenses?

(l)    What property will each of you have after you are divorced?

(m) Who will have custody of your children?

(n)  How much child visitation time will the non-custodial parent have with your children?

(o)  Do any of your children have a condition that will limit the ability of either of parent to work?

(p)  Did marital misconduct (such as adultery) cause your divorce?

(q)  What might be the tax consequences for each of you if a particular type of alimony is ordered?

Conclusion

Success in obtaining alimony or opposing an award of alimony is more of an “art” than a “science.” Your divorce judge has discretion to decide whether to award alimony and how much to award. The judge’s decision can cost you thousands of dollars for many years. The amount of alimony awarded (or not awarded) can truly be a life changing event. Consequently, you should consult with an experienced South Carolina divorce lawyer regarding the potential significance of alimony in your divorce.

If you live in Charleston, Goose Creek, Mount Pleasant, Summerville, West Ashley, or another Low Country community, please call me now. I will be glad to answer any other questions that you may have concerning the award of alimony in a South Carolina divorce.

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Divorce Guide | Charleston, SC Attorney | The Peck Law Firm Child Custody | Charleston, SC Attorney | The Peck Law Firm Alimony Guide | Charleston, SC Attorney | The Peck Law Firm Child Support Guide | Charleston, SC Attorney | The Peck Law Firm Divorce Settlement Guide | Charleston, SC Attorney | The Peck Law Firm

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How to Change Your Last Name in a Divorce

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Divorce contract - The Peck Law FirmDivorce is certainly a tough time for all of the parties involved, and there are many decisions that must be made throughout the process.

One of the more frequently asked questions in my South Carolina divorce law practice comes from women. They typically ask me: “How can I change my last name?”

Perhaps, you have been asking yourself the same question. [Read more…]

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Patriot’s Point Fourth of July Blast Set to Wow Mt. Pleasant

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USS Yorktown - The Peck Law FirmIt’s really no surprise that readers of Condé Nast, the publisher behind some of most prestigious magazines in the country, have consistently voted Charleston as the number one tourist destination in the U.S. for the last three years.

Charleston and nearby Mount Pleasant host innumerable events that are exciting for residents and visitors alike. [Read more…]

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