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Clemson Criminal & Family Law Blog

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?

Factors to consider in divorce and child custody

Going through a divorce is never easy, especially when there are children involved. There are many factors to consider such as who stays in the matrimonial home and how to divide assets. However, the most important decision to be made is who will maintain custody of the children, or if there is to be joint custody, how long and when will they stay with each parent. Additionally, grandparents have rights too, and their visitation will also have to be considered. 

Child custody in North Carolina is about putting children first

For parents who are ending their relationships or their marriages, child custody is likely one of the biggest worries. In the state of North Carolina, parents may be able to have peace of mind once they realize that one of the goals of the state's family court system is to ensure that the child's best interests come first. In fact, that is the family court system's main goal, and child custody is one of the principle tools judges use to ensure they reach that goal.

High-asset divorce can cause unique challenges in South Carolina

For South Carolina residents facing high-asset divorce, unique challenges can arise during the process that average couples may never have to overcome. The division of valuable collections or multiple properties can lead to contentious battles that require months or even years of litigation. At the law firm of Aaron & Aaron, our experienced attorneys can help you overcome even the most complex divorce-related challenges.

Can child support payments be modified in South Carolina?

After parents end their relationships or divorce, child support normally becomes part of their lives. Most parents do not begrudge the payments, as they know their importance in their children's lives. Unfortunately, some parents find themselves struggling to make their court-ordered payments due to job losses or other unexpected events. If you are in a similar situation, you can request that a South Carolina family court modify your child support payments.