South Carolina’s Divorce & Family Laws
Is South Carolina a Community Property State?
As family law attorneys in Charleston, SC, we've been asked whether South Carolina is a community property state. The short answer is "no." However, South Carolina is called an “equitable division,” sometimes referred to as a “separate property,” state. In most long...
The Process of Discovery in a South Carolina Lawsuit
Our trial lawyers at Futeral & Nelson are regularly involved in both circuit court (civil court) and family court lawsuits. In nearly every case, it is important to make sure we have the evidence necessary to prove or defend our case in the event it doesn’t settle...
How to Fill Out a South Carolina Financial Declaration Form for Family Court
Our Charleston divorce lawyers often get asked how to fill out a financial declaration form for a South Carolina Family Court. It can be a time-consuming, and sometimes confusing, task. Other than the footnotes on the last page, there are no real instructions given...
What If My Child Doesn’t Want to Visit with the Other Parent?
“What should I do when my child doesn’t want to go visit the other parent?” As a divorce attorney in Charleston, South Carolina, that is one of the toughest (and most heartbreaking) questions I get asked by some clients. When a child refuses to visit with a parent,...
Can I Get Back (Retroactive) Child Support in South Carolina?
Often, the family lawyers at Futeral & Nelson are asked whether someone trying for child support can get back support. This situation happens in a couple of different ways. One example is where child support was awarded earlier in the child’s life, and then the...
Is a Personal Injury Settlement Divided in a South Carolina Divorce?
As Divorce Attorneys in Charleston, we deal with the division of marital assets. Sometimes couples split up while one of them has a pending claim resulting from an auto accident, workers compensation injury, or some other type of personal injury claim. Other claims...
Grandparent Visitation & Custody Rights in South Carolina
As family law attorneys in Charleston, we are often asked about the rights of grandparents in divorce, visitation, and custody cases in South Carolina. Sometimes, one of the parents dies, and the other parent withholds the child from his or her in-laws. Sometimes, the...
DSS Investigations of Child Abuse & Neglect Cases in South Carolina
The Department of Social Services (DSS) serves multiple purposes in South Carolina. Perhaps the most well-known service is for the protection of children who have been abused or neglected. This process can be complicated to understand, so here, our Charleston family...
Are Retirement Accounts Split in a South Carolina Divorce?
Some of the most common assets our divorce attorneys in Charleston see when dividing a marital estate during a divorce include retirement accounts. Many employers offer these types of accounts as an employment benefit, or couples sometimes start these accounts...
Divorcing in South Carolina When Your Spouse Lives in Another State
Oftentimes, our divorce lawyers in Charleston deal with cases where both spouses have lived in South Carolina for years. In these family court cases, it’s clear that South Carolina is the proper state for filing the divorce. However, sometimes the other spouse lives...
Does South Carolina Have Common Law Marriage?
As Charleston divorce attorneys, we've dealt with cases involving common law marriage in South Carolina. South Carolina is one of the few states that still recognize a “common law” marriage even though the couple didn't have a ceremony or get a marriage license. In...
Divorcing in South Carolina When You’re Drowning in Mortgage Debt
I’ve been a divorce lawyer in Charleston, South Carolina for over 29 years and I have handled the division of marital assets including homes. Prior to 2008, property values were soaring, people built financial equity swiftly, and homes sold quickly during a divorce....
