Divorce

Divorcing couples often have a misconception that once their divorce is finalized, they are done with the process. One “loose end” that is often overlooked is entry of a Qualified Domestic Relations Order (QDRO) to divide certain retirement accounts pursuant to the final divorce decree. QDROs are entered according to the Employee Retirement Income Security Act of 1974 (ERISA).

Oftentimes people do not think about the specifics of their retirement plan in great scrutiny during their everyday lives.  Unfortunately, once you initiate a divorce process, the majority of your assets are “put on the table” so to speak. You are forced to understand how your assets, including retirement plans, could be split after a final divorce judgment is entered. South Carolina, like a majority of states, follows an equitable distribution approach for the division of assets. However, to determine what is an equitable division, courts often consider whether assets are accessible now or are tax-deferred and only accessible upon retirement. This post will discuss and compare some of the main types of retirement plans to better outline how these assets may be divided in a divorce in South Carolina.

In an ideal world, the best scenario for a divorce case is that it would be filed, the parties would agree on all of the issues, and then they would enter a settlement proposal where they could finalize their divorce. Unfortunately, given the huge emotional burden of divorce, it is common that there are hotly contested legal hearings required prior to the entry of a final divorce judgment. This is particularly true when it comes to determining a parent’s child support obligation and fighting over legal and physical custody of a minor child. Despite divorce trials and hearings being relatively common, many litigants in a divorce case have never been to court before and have no idea what to expect. Below are five tips you should read prior to any type of divorce trial or hearing in South Carolina.

Imagine you are going through a contentious divorce case with your soon-to-be ex-spouse. You are so caught up in your divorce that you stop performing well at work and you decide to quit your job. Now your spouse wants to ask you to pay child support and wants to use your income from your former employment to calculate the obligation. Can they do that?

South Carolina follows the majority of states in adopting the income shares model to calculate child support in a divorce. The income shares model is structured to mirror the amount of support children would receive if their parents were still married. This means a parent’s child support obligation will increase depending on how many children the parent has to support. To better understand what your child support obligation may be, there are a few key questions you should be able to answer prior to finalizing a divorce.

Southern states including South Carolina are known for having higher divorce rates than any other region in the United States. In fact, the American Community Survey published a study that found there are 11.1 divorces for every 1,000 women and 10.2 divorces for every 1,000 men living in the Southern United States. Rather than becoming part of this statistic, some couples opt to get their marriage annulled as an alternative. However, in order to get an annulment, spouses first have to understand and determine whether their marriage falls under one of the legal grounds for an annulment in South Carolina. This is a fact-specific inquiry that hinges on the particular circumstances of a given case.

More often than not, a spouse is not “caught in the act” of adultery. Rather, one spouse may catch glances at their partner’s texts planning to meet when they are not around. Perhaps some mutual friends have even heard rumblings that one spouse is having an affair. Typically, however, the spouse has not actually seen the third party with their own eyes. With only rumors and scattered texts, a spouse may wonder what is sufficient evidence to establish an adultery claim for a fault-based divorce in South Carolina. In this article, we’ll discuss adultery and divorce in South Carolina.

Before the divorce process can begin, you have to deliver or “serve” divorce papers on your spouse. For most people, this step is no problem, as many couples are still cohabitating at the time of divorce. However, many others separate long before the divorce process is started. One spouse may move out of South Carolina altogether, either for work, family or just to get away from an unhappy marriage. No matter how far away from South Carolina your spouse is, however, serving divorce papers in another state is always an option. Once the divorce papers have been filed, you need to deliver a formal notice of divorce to your spouse. There are several requirements that must be met to ensure that your spouse receives the papers and has notice of the proceedings against him or her.

Becoming engaged and getting married to someone new after going through a divorce is a wonderful occasion. It marks a new beginning in the next chapter of your life. Unfortunately, remarriage after divorce may also have some repercussions on any orders entered by a family law court regarding your divorce decree. It is important to understand the potential impact of marrying again after divorce.

Obtaining a divorce marks an important turning point in a person’s life that can have impacts that many people do not realize until much later. One significant change in a person’s life both during the divorce process and after is the change in tax status while filing. Your taxes after divorce can change in the following ways: Your divorce can alter the status under which you file and can change the tax exemptions you qualify for, who can claim which exemptions, and ultimately how much you may receive from a tax return.