Divorce

Divorces can often be hotly contested and quite brutal to go through. The old adage goes that divorcing spouses often fight over the pettiest of things, like dividing up the pots and pans. But what about something a little more abstract, like a personal injury award? Here is a simple guide to understanding how personal injury awards are distributed during a divorce settlement.

You have decided to divorce your spouse. You filed the proper paperwork at the courthouse and your no-longer-significant other has been properly served. You know that you may have a long and difficult road ahead of you, but what is going to happen before the divorce is finalized? What happens if you don’t have any income? Who is going to get custody of the kids right now? What happens if your spouse retaliates against you?  

The stereotypical image of divorce is one of a highly charged adversarial process with two parties destroying each other when divvying up the marital assets. But this doesn’t have to be the case. There are alternatives to the highly adversarial judicial process that comes to many people’s minds when imagining divorce. Rather than going through a courtroom setting, parties to a divorce can choose instead to mediate their divorce, coming to an amicable solution that they can both agree upon instead of leaving the decision up to a judge.  

In our society, divorce and the legal proceedings surrounding it carries a significant amount of stigma, thus making the whole process more difficult for the parties involved. It is hard enough when a relationship ends, but with a legal marriage without a post-nuptial or prenuptial agreement to rely on, there are more procedures that must take place before you can finally set yourself on a separate path from your ex-spouse. Divorce can be more complicated when children are involved as well since custody and support arrangements must be decided in the most equitable manner possible and in the best interest of the child. Though the realities of divorce are more and more present in our marital system, there are certain truths about divorce that are generally not discussed, primarily the financial, emotional, and physical condition of the parties after their separation.  

Traditional marriage’s definition has changed drastically over the last fifty years, and in our society today it is understood in different terms. Some of the trends observed are the rising age of those who are getting married, an increase in two-person, two-earner households, an increase in the number of single-family homes, an increase in the number of couples who are not from the same racial, ethnic, or cultural community, to recount a few. One of the largest trends in American culture is the increase in assortative mating where we choose our partners based on being in the same socio-economic circle. In other words, men and women are not ending up with the people they knew from high school, but are marrying those who they met in college or while at the same job; the lawyer is not marrying his secretary, he’s marrying a fellow lawyer. Most of these trends go hand-in-hand with not only people evolving outside their comfort zones, but it seems that children are observing these trends and following suit, aiding in the consistent progression of traditional marriage and family norms seen nowadays. Interestingly enough, it seems that children, teenagers, and young adults who were polled over the last year, have beliefs that are similar to those back in the 1950s, but for different reasons.

In our society, there are many factors that go into what makes a good marriage, and many that may lead to an acrimonious divorce. Most of the factors tend to be rather obvious: a good marriage requires trust, open communication, and a certain level of agreement of what the marriage lifestyle should look like and the values that control it. The well-known factors that may lead to a divorce generally reflect distrust between the couple, a mismatch in lifestyles, closed communication, and a disagreement over finances and how money should be spent. Though these are the most well-known factors that govern the health or decline of a marriage, there are some less well-known external factors that can have a significant effect on a happy marriage and lead to divorce. One of these lesser-known external factors that affect a marriage and can lead to divorce, according to a recent study, is a long commute.

Alimony reform is making considerable strides in South Carolina in 2016. This is due in large part to the considerable urging by the South Carolina Alimony Reform, an organization formed in 2011 with the one goal of abolishing permanent alimony. The group has made waves over the last few years and grabbed the attention of the South Carolina legislature, which has created a legislative committee to review South Carolina’s current alimony policies.

January is the time of year for new beginnings. For many, this may be the year of personal resolutions and self-improvement, while for others this may be the time of year to set off independently and determine that it is time that one’s failing marriage should come to an end. January is notorious for the initiation of actions for divorce as people find the New Year and new beginning a call to set off on a different path than the year before.

There are significant obstacles when a family has one parent (or both) who is serving in the military and recently was deployed. The family is missing a piece of the puzzle and there may be significant financial, emotional, and physical hardships that come from not having both parents in the household to care and raise for the children. One of the ways that the government has attempted to remedy the issues that come up in family law, especially in the case of parents who are members of the military, is through the enactment of the Uniform Deployed Parents Custody and Visitation Act, which has been enacted in South Carolina.

According to a new study, the cohabitation effect may no longer be the governing law surrounding cohabiting couples and the likelihood that their marriage will succeed. The cohabitation effect is a theory put forward by sociologists detailing an association between living together or cohabitating before a marriage and the likelihood that the marriage would fail. The cohabitation effect stated that living together before marriage actually made the marriage more likely to fail as a result due to heightened expectations from living together and disappointments that marriage did not change the couple’s behavior.