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Divorced and a Parent? Don’t Make These Mistakes.

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Divorced parent - The Peck Law FirmWhen you are going through a divorce, the well-being and happiness of your children is often your primary concern. Divorce can be devastating to not only you but your children as well. That is why it is so important that you make sure your children know they are loved, no matter what happens between their parents. [Read more…]

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Murder for Hire: Unhappy Women Plot to Kill Husbands over Child Custody Arrangements

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Child custody cases - The Peck Law FirmIn a divorce, the most contentious and emotional of all issues can be child custody. When the well-being of your children is at stake, it’s only natural to want to protect them.

Tragically, there are some parents who take this natural inclination too far. [Read more…]

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What Is Family Law Court?

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The South Carolina legislature created family law courts to handle all court cases that involve domestic or family relationships. There is a family law court in each of South Carolina’s counties.

Your family law judge will make decisions and enter orders on the following types of cases:

– All aspects of divorce, including alimony, attorney’s fees, child custody, child support, child visitation, division of marital property and debts, and legal separation. [Read more…]

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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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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.

 Divorce Guide

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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The Basics of Divorce, Part 2

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Divorce basics - The Peck Law FirmUnder what “grounds” can you file for a South Carolina divorce?

“Grounds” for divorce are essentially the legal reason that you are filing for divorce. In South Carolina, you can file under “fault-based” or “no-fault” grounds:

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The Basics of Divorce, Part 1

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Basics of divorce - The Peck Law FirmWhen getting a divorce, most — if not all — people have a lot of questions. If you are considering or starting a divorce, this is a worrisome, difficult time. The future is uncertain, and you likely aren’t sure what to expect from the process. Below, I outline some of the basics of divorce in South Carolina.

What do I have to do to start my divorce? [Read more…]

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