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Clemson Criminal & Family Law Blog

The uses of a divorce settlement agreement

Couples in South Carolina who are getting a divorce may also put together what is known as a divorce settlement agreement. This document can offer a great deal of protection to both individuals. For the agreement to be mutually beneficial, however, it's important that it be prepared carefully and followed by both parties.

A divorce settlement agreement may be necessary if the couple must remain connected in some way after the divorce. This might be due to having children together or shared assets such as a business or real estate. People should keep in mind that the divorce settlement agreement supersedes any favors one spouse might provide to the other. In other words, if a spouse does something for the other out of kindness and the other spouse later tries to claim that the favor set a precedent, the response will be that the terms of the divorce settlement agreement are the ones that matter.

Alternatives to litigation in divorce

People in South Carolina who are considering divorce may already know that a number of options besides litigation are available, and that most of the time, they are less expensive and faster. Some couples might be able to do an uncontested divorce. Even for couples who have children and considerable assets, this may be a possibility if they are able to come to an agreement through negotiation.

Couples who would like to avoid litigation but still have some conflicts might benefit from mediation. In mediation, a neutral third party, who may or may not be an attorney, attempts to have the couple come to an agreement on outstanding issues. Each spouse is entitled to separate legal representation.

How to deal with a mortgage in a divorce

Homeowners in South Carolina who are facing divorce might wonder what steps they need to take in order to split their property. This process can be difficult enough that some divorced couples might choose to remain living in the same house if they are close to paying off the mortgage.

For those who don't want to continue living with their ex, there are other options. One person might buy out the other. To do this, the equity must first be calculated. From there, it's necessary to figure out if the equity should be split 50/50. Whether or not the couple had a prenuptial agreement, what their premarital assets were and what improvements were made to the home can all be part of this calculation.

Tips for social media during divorce

South Carolina couples who are getting a divorce might not think about the impact their social media usage could have on the process. However, people often reveal more than they realize on sites like Facebook, and even if the impression they give in their posts about their income or lifestyle is inaccurate, it could still be harmful in court. Many people also may not realize that electronic communications such as text messages and email are subject to a subpoena. The best policy is to avoid writing down anything that a person would not want to see brought up in court.

One man posted online about his job and his expensive vacation. Since he had asked for alimony on the grounds that he had no job, this was denied. In another case, a lawyer found that his client's estranged spouse had a business on the side that had not been disclosed. By presenting the evidence of the business on LinkedIn, the attorney won more child support for the client.

Strategies for property division

Asset division and property distribution may be among the most challenging aspects of a divorce in Texas. The specific property that is eligible for division, the value of that property and the best way of splitting it fairly are all major considerations for many divorcing couples. These considerations are especially vital for those going through a high-asset divorce.

The value of the couple's property may determine what path the divorce will take through the courts. It is common for divorcing couples of little to moderate wealth to have to negotiate for possessions such as household valuables, retirement accounts and lifetime savings. A more affluent couple going through a divorce is more likely to simply settle out of court in order to avoid a traumatic process.

Coparenting after divorce

South Carolina parents who are getting a divorce should consider how their interactions with each other may affect their children. Even though the marriage may be ending, their co-parenting relationship may last for years.

Parents who can get along with one another can be important to a child's well-being. Even when parents recognize this fact, it might take them some time and negotiation to reach a point in which this is reflected in reality. For example, many experts believe that it is best if children can have roughly equal time with both parents, and parents may believe this as well. However, they might still initially struggle with the idea of losing so much time with their children. Mediation may be one way to reach this understanding and to learn conflict resolution techniques that can be used after the divorce.

Laws to end a marriage depend on the state of residence

As South Carolina residents may know, when a couple decides to split up, the laws vary depending on the state. Because of this, waiting times may vary, property division may be different and alimony may not be possible.

Depending on state law, filing for dissolution of a marriage may be determined by the date upon which a couple separated and whether this is an option if the couple still lives on the same property or one partner has left. In addition, it may affect a mutually agreed dissolution. In Maryland, a no-fault marriage dissolution still requires a two-year waiting period.

Breaking up is hard to do if the house splits too

Whether you are working with your partner, or are unable to achieve that level of cooperation at this juncture, there are ways to figure out a division of assets for unmarried couples. If you had the foresight to create a cohabitation agreement at the commencement of your relationship, you may have a substantially easier time now. However, like a prenuptial agreement, many couples are unlikely to have one. Therefore, if you own your home, there are several factors to take into account to determine the share each partner should retain.

What happens to your fur baby in a divorce?

Maybe it is because so many people now wait to marry, and it seems couples decide to have children much later in life than they did in the past. Somehow the family dog has moved into a far more revered status, sleeping in beds, followed on the Internet and fed grain-free diets. Or perhaps it has always been this way, but now with technology, it has become more obvious, that the unconditional love of a pet propels them into a high-ranking status and a solid member of the family. So it isn't a surprise that a primary concern for many couples as they come to the realization that their union just isn't working is who will get custody of the pet, especially when both are vying for the privilege.

Examining the child support enforcement options available to the CSSD

While it can be truly liberating to secure a divorce, it would perhaps be a mistake to think that the transition will be seamless. Indeed, a person may have to adjust to new living arrangements and, more perhaps significantly for custodial parents, life on a single income.

The good news, however, is that this single-income difficulty can be mitigated to a substantial degree by things like alimony and, of course, child support. What happens, however, when a parent suddenly stops making these child support payments?