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Why more younger people want prenups

While there is sometimes a negative stigma attached to prenuptial agreements, there are many reasons that any couple might need one before tying the knot. South Carolina residents might like to know about a survey conducted by the American Academy of Matrimonial Lawyers that found that millennials are entering into one comparatively frequently.

Slightly more than half of the 1,600 AAML members that were surveyed said that more millennials were asking for prenups than before, and 62 percent of members thought that this change happened within the last three years. Prenups help protect individual property acquired before a marriage. Since people tend to marry at older ages than before, millennials have time to accumulate some wealth that they may wish to keep safe with a prenup.

How to handle changes in custody and visitation

Parents in South Carolina who are getting a divorce may face a number of issues regarding visitation, custody and child support in the years ahead. One common situation is that the noncustodial parent may start to want more time with their children. This parent should not withhold child support in an effort to make this happen. Instead, talking with the other parent and pursuing a modification in court is the right approach.

In fact, there are a number of issues that are best handled by negotiating. Common problems include one parent being consistently late for visitation, disagreements regarding religion and education, and one parent feeling as though they are shouldering the bulk of many child care duties despite only having joint physical custody.

In divorce, student loan debt may be divided

When South Carolina couples get a divorce, if one of them has student loan debt, both may end up responsible for paying it off. In general, student loan debt that dates from before the marriage is not considered shared property and will remain the responsibility of the person who originally took it out, but student loans that were incurred by either spouse after the couple were married may be considered shared debt along with things like credit card debt and mortgages.

One way to prevent this may be with a prenuptial agreement. Such an agreement can outline how debt will be handled in the event of a divorce, but people who are marrying often do not want to discuss this possibility. However, couples should always talk frankly about how much debt they are bringing into the relationship.

Expenses a judge might not consider in child support orders

After North Carolina parents go through a divorce, one may begin paying child support to the other. A child support agreement is either negotiated outside of court or ordered by a judge. A judge who makes a ruling on child support will consider the parents' combined incomes and the child's monthly expenses.

A judge will not include every single monthly expense that a child incurs in a child support order, and many items that a custodial parent might consider to be essential are referred to as 'extras" in family law. Some of the extras not covered by child support include the costs of day care, after-school care and babysitting. While school tuition may be factored into a child support calculation, the costs of school uniforms, school supplies and school photos might not be.

Older divorcing adults face greater chances of poverty

As the divorce rate has dropped among younger couples throughout the country, the rate for couples over the age of 50 has been on the rise. Divorce for any age group can leave one or both parties in a financially difficult position, and for older South Carolina couples, it may imperil their retirement. One study found that a woman is more likely to work past her retirement age if she divorces when she is older.

The cost of divorce is not just limited to the legal fees associated with the process itself. In addition to splitting assets in half, each person goes on to pay for things such as rent and utilities that they previously shared. Furthermore, women with children in particular may tend to relinquish their share of a retirement account in exchange for keeping the family home. However, many financial planners advise against this not only because of the cost of maintaining the home but because of the dent this makes in the woman's retirement savings.

Who can consent to adoption?

In order to adopt a child in South Carolina, consent must be obtained from certain parties. Whose consent will be needed depends on the specific circumstances of the child and the child's biological parents.

If the child was born to married parents, then both parents must consent to the adoption unless their rights have been terminated. In cases in which the rights of the biological parents have been terminated or if they are deceased, then the child's legal guardian must consent to the adoption. Children ages 14 and older also must consent unless a judge waives it. If the child is with a child placement agency, then the agency must consent.

Avoiding unfair divorce demands in South Carolina

Many divorcing spouses try to resolve matters outside of court in order to keep costs to a minimum. While this may be a good solution for some, others might try to avoid the court system in order to manipulate the situation. An individual who feels that the other party is making demands that are out of line might need to discuss their situation with a lawyer.

Marital property can be subject to division during a divorce. Issues such as one spouse staying out of the workforce for an extended period to raise children could figure into the process of dividing assets. It may be reasonable to keep inheritances and personal gifts out of consideration, but if such resources have been used to finance a family home, the funds might be subject to division because of commingling. Dealing with a family home can be challenging regardless of how it was purchased. Deciding who will live in the home could produce further tensions.

When should women file for divorce?

South Carolina couples may be interested to learn that most people file for divorce in March and August, according to a study. January is also so popular for divorce that "Divorce Monday" has become a New Year's tradition for many family law firms.

Why are January, March and August so popular? Mostly because these months mark the end of emotional times of the year, such as the holidays, Valentine's Day or summer break. However, divorce experts say the time of year people choose to divorce should be based on financial considerations, not emotional ones. This is especially true of women who are divorcing.

Deciding who gets the house in a divorce

Arguments over matters like child custody and spousal support can quickly become heated during a divorce, but South Carolina couples are often able to put their animosities to one side when the subject being discussed is the future of the family home. The primary residence is usually the most valuable marital asset, and it may be prudent to sell the property and divide any proceeds between the spouses.

Family court judges may choose to take this path when spouses are unable to reach an amicable divorce settlement, but these decisions can be difficult when the couple involved have young children. The best interests of the children involved is the primary concern in these types of cases, and judges may be swayed by research showing that the upheaval and psychological trauma of the divorce process can leave vulnerable children with emotional scars that never completely heal.

Debunking child custody myths

Family court cases in South Carolina can range greatly in nature. When divorce and child custody matters include a history of domestic abuse, the judge will prioritize the children's best interests. However, the manner in which such issues play out might surprise the parties involved. In fact, there are several myths regarding child custody decisions.

Common sense might suggest that a child custody decision involving an abusive parent might involve placing a child with the non-abusive party and limiting visitation rights for the other parent. However, the emotional impact of going through domestic abuse and divorce could involve fear and depression that interfere with the non-abusive parent's ability to care for their child. A judge might deem that parent unable to handle primary custody. In some rare instances, this could leave no alternative but to place the child with the other parent.