Get free answers to your Divorce legal questions from lawyers in your area.
I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know... View More 
answered on Sep 5, 2018
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to... View More
I'm in a marriage that is going to well but I have an idea for a patent and plan to file for a provisional patent in the next few days. Should I just get a friend of mine to take ownership until I'm sure I can own the patent safely.
answered on Aug 24, 2018
This is an interesting question, that has more to do with family law than patent law. But here are a few points:
Once a patent issues, then the patent is considered a personal property, just like a bank account, a car, or an art collection. Whenever there is a divorce, the property is... View More
My husband and his girlfriend has offered to pay their lawyer completely for our divorce. The thing is, is that during our separation I had a daughter with my boyfriend and now there is an issue of a guardian ad litem being appointed to my daughter who doesn’t biologically belong to my husband... View More
answered on Jun 27, 2018
A child born during a marriage is by law presumed to be the child of the husband's. Therefore your divorce case must include your boyfriend as well as your husband as parties so that your boyfriend's paternity can be legally established and the presumption that your husband is the father... View More
He threatens to throw me out of our home and sell my vehicle. He is also threatening to remove me from our checking account and all access to funds. We have been married for 2 years. I am also currently unable to work pending carpal tunnel surgery I am needing as I am a hairdresser. What are my... View More
answered on Feb 14, 2018
You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.
My husband and I have been seperated for going in 7 years and he hasnt paid anything toward his sons well being.
answered on Dec 12, 2017
Child support will be set at the Judge's discretion but my experience is that most Judges will not award
you past child support in this instance if there was no previous order awarding it to you.
My children went to NM to stay with their dad for awhile. No court papers were filed. I want my children to come home because he has been withholding information regarding my kids. Schools health and everything that has to do with the kids. He won’t let the kids tell me anything. I don’t even... View More
answered on Dec 10, 2017
How did you let the kids go without not knowing where they would be staying? Sorry to say but that was careless unless he has moved or given you wrong address. Please consult with a lawyer and a Private Investigator to locate your children and file a petition for custody. This will not be easy or... View More
I want to get the quickest divorce possible before it causes anymore heartache for me and my children from another marriage. I was fooled.
answered on Dec 5, 2017
You would have to file a petition for an annulment and serve the spouse. It will be necessary to have a short hearing to prove the grounds and that the marriage has not been consummated.
My husband and I separated a year ago and I recently had a baby. I can't put the father's name on the birth certificate bc I'm still married. When I file the divorce papers, do I need to put my second child down as well? And request sole custody for him since he isnt biologically... View More
answered on Nov 26, 2017
In SC a child born during a marriage presumes the father is your husband. For this reason this child does need to be included so the Divorce Decree will address the paternity snd name the natural father. Snydebts accumulated during the marriage are presumed to be marital debts so they need to be... View More
answered on Nov 14, 2017
To prove the grounds of adultery in SC it must be by corroborated evidence. This means another person must be able to testify along with you or another witness that they observed what appears to be adulterous conduct by circumstantial evidence . this evidence can be as little as observing his car... View More
We also share a home how will we decide who gets to stay?
answered on Aug 17, 2017
An uncontested, no-fault divorce is generally most easily achieved after the parties have been separated one full year. I still recommend hiring an attorney to help with this process. Getting divorced in SC, among other requirements, entails filing and serving a complaint, giving testimony in... View More
According to the online calculator, it looks as if no money would exchange hands anyway but I wanted to be sure since we are both representing ourselves. We are able to co-parent successfully and have maintained a joint custody arrangement since our separation three years ago. We would like to be... View More
answered on Aug 25, 2016
Maybe. The legal standard is what's in the best interest of the child. You can call the SC Bar and ask for a referral to an attorney in your county, then call them. If they agree to a short and free consultation, you can pose the question and perhaps get more information.
Note: nothing has been filed yet. The adultery has already happened.
answered on Feb 28, 2016
Your question is a little confusing. If nothing has been filed then yes you may sue for adultery. If you filed a Complaint asking for Separate Maintenance, you can amend and ask for a divorce based on adultery.
answered on Jul 15, 2016
That's a good question: the Social Security Administration (SSA) has information online for divorced spouses:
Retirement benefits: https://www.ssa.gov/planners/retire/divspouse.html
Survivor's benefits: https://www.ssa.gov/planners/survivors/ifyou3.html
For... View More
answered on Feb 28, 2016
It depends on the language contained in the order granting you custody. Typically, if your relocation will change the visitation for the other parent (which it almost certainly will), you should file an action to modify the visitation provisions based upon a substantial change in circumstances.... View More
I conceived my daughter during a 5 year separation and reconciled with my husband when i was 7 months pregnant. Now he wants a divorce and doesnt want to support her.
If husband pays attorney and attorney doesnt keep good records, what ensures wife will b reimbursed?
answered on Feb 28, 2016
Interesting question. The ethical rules in South Carolina would prohibit the attorney from keeping fees in excess of the amount earned. If there is a dispute between you and your lawyer, contact the SC Supreme Court and tell them you have a fee dispute. They will assist you with the necessary... View More
Defendant shall vacate the marital residence as of the date of this hearing.Does this mean I'm not allowed in my home at all
answered on Jul 28, 2015
You need an attorney. If that is a court order, then you have to leave. If it's a pleading, it means that is what the other party is asking the court to do. There is not enough information here to provide an answer. You need an experienced divorce attorney. You will have to hire/pay an... View More
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