The practice of family law involves marriage, child custody and divorce, along with other aspects of marital life. Your attorney will represent you in negotiations and in family court. While South Carolina lawyers are able to handle all aspects of family law, some limit their practice to certain areas. It is important to find out if your lawyer will handle the specific area you need. Let’s look at some aspects of family law and how an attorney can help.
The divorce rate has varied over the years, and currently, 50 percent of marriages end in the United States. The percentage of marriages that dissolve is higher if the partners were married in the past. Various studies have examined broken marriages, and the one thing that remains constant is why it happens. Couples don’t give up easily but tend to end the union when they feel that there is no chance of resolving the reasons why their once happy marriage ended. Let’s examine the top reasons researchers found for ending a marriage.
In terms of child custody, the happiness, emotional development, security and mental health of a child is of paramount importance. This is called the best interests of the child, and all decisions in a child custody case are based on that. The court’s decision is determined by the proof presented in the case. Let’s examine the major factors the court considers and how to show proof that the decisions the judge makes will be in the best interests of the child.
When discussing the grounds for a divorce, you are usually talking about breaking up a marriage due to fault. In South Carolina, basing a divorce on fault is one of two ways to formally end a marriage. The other is a no-fault divorce where neither party needs to prove fault. Let’s look at the pros and cons of the divorce types.
The National Trial Lawyers is pleased to announce that Jeffrey Morris of Morris Law LLC in Surfside Beach has been re-selected as a Top 40 Under 40 Civil Plaintiff Trial Lawyer in SC after his first year as an exceptionally respected member. This honor has been given to Mr. Morris for his superior skills and qualifications in the legal field. Membership in this exclusive organization is by invitation only and is limited to the top 40 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
The most commonly asked question during a divorce proceeding might be about the separation of assets, “Who gets what?” When a couple decides to get married, they ultimately agree to become one, not just on relationship terms but on business terms as well. That is why divorce often costs so much time and money because there is often so much at stake (…and in this case, by stake we mean assets). “Dividing a home. Vehicles, securities, valuable collectibles, retirement benefits, and household items are where couples run into difficulty,”
Going through a divorce doesn’t just mean ending a marriage. For couples who have been together for decades and have acquired high-valued assets along the way, divorce can mean deciding who gets the house, who gets the land, and even who gets the family-owned business. In this scenario, the focus should be on estate planning. An estate plan is essentially like a will and testament declaring that a spouse can handle your money, paying bills, filing taxes, making life and death decisions over your well-being in the case that you are seriously hurt or have fallen ill, etc.