Divorce

One of the most frustrating parts of a divorce is having to split assets, which also sometimes means paying your ex-spouse money. Some clients may regard this as “paying for peace” or paying a “severance check” to an ex, the truth is the law has good reasons for enforcing alimony provisions. Unfortunately, all too often the courts misapply the law or unrepresented individuals get taken advantage of in the alimony calculation process. If you’re getting divorced, you might be wondering: do I have to pay alimony? So, here are a few things you should understand about alimony if you are getting divorced.

A recent article of Marie Claire discussed a handful of reasons why people have gotten divorced. Everyone knows the big reasons, such as fighting over money, infidelity, and sex. And although some of the stranger reasons for divorce may seem like little more than tabloids, there is some truth to them. Here are five less common reasons people divorce.

When two people get divorced, the court must divide everything. In South Carolina, divorce court judges must determine a number of issues, from how to divide personal property and visitation schedules to child support and alimony (“maintenance”). Each of these issues is dealt with in a final court order. That order creates a financial obligation for the parties. If a person is ordered to pay money to their spouse, that creates a debtor-creditor relationship until the financial obligation in the court order is satisfied. The question then becomes: is alimony dischargeable in bankruptcy?

Divorcing couples hear the phrase often from attorneys and judges: “the best interests of the child.” But what exactly does this mean? Clearly, most parents feel they are acting in their children’s best interests, even if opinions may vary widely between disputing sides.  Indeed, most divorces involve couples who cannot agree on things. After all, that’s probably part of why they are getting divorced. When a judge says that a decision is being based on the best interests of the child in custody cases, many parents experience frustration and confusion.

A lot of people misunderstand “common law” marriage, mistaking it for cohabitation. Only eight states still honor and permit these old-fashioned common law marriage unions, and five others recognize them if entered into by a certain date. South Carolina remains one of the states that does permit common law marriage. However, it’s not as easy as just living together; there are additional formalities required in order to make the marriage legal. And there are also rules surrounding ending a common law marriage that you should know.

It may seem unusual to hear a divorce attorney giving advice on making peace, but in truth, divorce lawyers want their clients to be happy. They want to see happy clients and happy kids. No one wants to see a case dissolve into chaos and hate. Sadly, when two people get divorced, there can be a lot of anger, resentment, and malevolence. Every married couple faces challenges, whether divorcing or not. The attorneys of Klok Law Firm LLC understand that marriage can be hard and divorce can be harder. Each of these will not apply to everyone, but here are seven general tips for finding peace after divorce.

It’s an unfortunate yet common scenario. A married couple lives in one place, but when the marriage goes south, one of the spouses leaves the state with the kids and files for divorce in the new state. This can make an already tense and stressful event even scarier, especially when children are involved. No doubt, there are a lot of factors that can make a difference in how a case turns out, but there is good news. Usually, a person cannot leave the marital home and attempt to avail himself or herself of another state’s divorce courts as a strategy for putting the non-relocating spouse at a disadvantage. Here’s what you need to know about divorce living in different states.

Apart from the emotional turmoil, the financial aspect of divorce is often the most stressful. During a marriage, a couple’s finances typically become so intertwined, sorting it out fairly can get complicated. Additionally, spouses often become dependent on the other’s income to support the life they built together. As you begin the process of separating and distributing your marital assets, keeping the following tips in mind will help you make smarter decisions and avoid divorce financial mistakes.

Divorce is never pretty, but some are uglier than others. If you and your spouse are having trouble being in the same room or speaking to each other civilly, you may be setting yourself up for a long and miserable process. High conflict divorce is painful, time-consuming, and expensive for everyone, including your children. While cooperation is the key to a happy divorce, this is not always possible. If you believe you are headed for a nasty divorce, find out what you can do to complete the process—unscathed.

Parental alienation occurs when a parent undermines or attempts to erode their child’s relationship with the other parent. This practice is unfortunately common—especially during a divorce—and it can be difficult to put an end to it. Although many parents are unintentionally guilty of parental alienation, it can have serious ramifications regardless of intent. Learn the signs of parental alienation and what you can do in the situation.