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Do You Need a Lawyer for an Uncontested Divorce?

Do You Need a Lawyer for an Uncontested Divorce?

Divorce
Sometimes, a couple who is getting a divorce can’t stand to be in the same room, much less be able to negotiate how they want to settle issues like the division of their assets and child custody. In others, however, divorcing couples are able to keep their communication amicable and feel like they will be able to reach an agreement on the terms of their divorce without going to court. This latter situation is referred to as an “uncontested divorce,” and if you find yourself in this situation, you may be wondering whether you really have to hire a lawyer to represent you. It is always advisable to retain a lawyer when you are going through a divorce, even if you and your spouse are getting along just fine. Here…
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Gather Information if Divorce Might be in Your Future

Gather Information if Divorce Might be in Your Future

Uncategorized
Sometimes, your spouse may file for divorce out of nowhere. However, some people are aware that divorce may be inevitable.If this is the case in your situation, take the opportunity to protect your rights by gathering certain information to prepare for a divorce case. Many divorces are adversarial, especially regarding financial and property division issues. Sadly,some people try to withhold information regarding assets and property from their spouse to reduce a property settlement or support award. You always want to ensure that you have access to all the necessary information and documents before a case is filed. Bringing this information to meet with your attorney will also allow them to give you a better idea of possible complications in your divorce. Account Information Many of us access our financial accounts…
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Sharing Custody Over The Holidays

Sharing Custody Over The Holidays

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Divorce can change many aspects of your life,including the time you get to spend with your children. Courts often award joint custody of children to the parents in accordance with South Carolina law, which means your child will spend part of their time physically with you, and part of their time physically with their other parent. This usually means that you will have to share time with the other parent over the holidays. Many of us have holiday traditions we share with our kids, such as traveling to see grandparents or waking up early on Christmas morning to open presents. The reality is that joint custody may make some of these traditions impossible. The following are some tips regarding how to handle shared custody during the holiday season: Refer to…
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What is Malicious Parent Syndrome?

Custody
When it comes to divorce and custody cases there is a lot of high stress situations that may cause one or both parents to act in violent or malicious ways. While there is no medical disorder called Malicious Parent Syndrome it was coined this name by Ira Turkat, a Florida psychologist. When this syndrome occurs one parent may go as far as harming their children to prove that their co-parent is a bad guardian. Fender Law Firm in Beaufort is aware that many custody battles can put a lot of strain on families and we are here to make sure both parties act in ways that are best for the children involved. We want to inform those dealing in high stress custody battles about the possible characteristics of Malicious Parent…
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When Do I Need a Custody Attorney?

When Do I Need a Custody Attorney?

Custody
Getting a divorce is a complicated process. When children are involved, it becomes even messier. Oftentimes, both parents want what’s best for their children. However, as the divorce process goes on, there are always disagreements about what that means. Even if your ex-spouse isn’t contesting the divorce, you’ll likely need the help of an attorney to get the custody agreement you want. But how do you know when it’s time to contact a child custody attorney? Don’t gamble with your family’s future. If you’re in Beaufort and you experience any of the following situations, contact Fender Law Firm today and talk to a custody attorney. You’re Worried About Your Children’s Safety If you’re leaving an abusive relationship, your ex is trying to cut you off from your children, or your…
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Protecting Yourself from Paternity Fraud

Protecting Yourself from Paternity Fraud

Paternity
Being a father comes with a lot of responsibilities. Legally, fathers are obligated to provide care, shelter, and financial support for their children. In the case of a married couple, the husband is assumed by the court to be the child’s father. For unmarried couples, paternity may be legally established by an affidavit of paternity. This is a legal document which certifies that the man is the biological father of the child. Family courts in South Carolina use paternity affidavits or birth certificates as legal proof of a child’s paternity. Paternity fraud is when a men has been falsely identified as a child’s biological father. If the man is married to the mother at the time of the child’s birth, or if he has signed a paternity affidavit, courts will…
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Understanding How to Legally Change Your Name

Understanding How to Legally Change Your Name

Name Changes
There are several reasons that a person may want to legally change his or her name. While this process is fairly straightforward, the court will ultimately take into account the reasoning behind the requested name change. To ensure that you are in compliance with South Carolina state laws, it is important to work with an attorney who has experience with name changes and the different situations which are applicable to them. What are the Most Common Reasons for Name Changes?  The most common reasons people request a name change is following a marriage, divorce, or for personal reasons such as a gender change. For people who wish to change their name for personal reasons, they will have to file a petition with the court. They may also attend a hearing…
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Should You Consider Family Law Mediation?

Should You Consider Family Law Mediation?

Mediation
A divorce is one of the most emotionally exhausting processes that a couple can go through. During this stressful time, making rational decisions is often easier said than done. Many couples end up disagreeing on at least one thing during a divorce case, and often these conflicts must be resolved in court. There are alternatives to litigation, however, which allow couples to work out their differences in a more peaceful manner. Family law mediation with an experienced Beaufort attorney is an excellent way for couples to come together in a neutral environment and find solutions to their issues in a calm manner. Mediation is a great tool for many couples facing complex family changes including divorce, child custody, alimony, and asset division. While mediation can be a fantastic solution, it…
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Divorce 101: How to Have a Successful Divorce Case

Divorce 101: How to Have a Successful Divorce Case

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Choosing to file for divorce is a hefty decision that involves a lot of financial and emotional stress. As your case begins, it is important to maintain a level head in order to increase your chances of reaching a successful outcome. If you want to have a smooth divorce case that ends in your favor, it is vital to keep these tips in mind. Take account of your needs: Divorce cases are rarely cut and dry. This means that emotions are usually running high-whether those are feelings of anger, sadness, or frustration. When you decide to file for a divorce, it is important to first take account of your needs and methods you will use to cope with stress. If you begin the process with a plan to remain level-headed,…
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CHILD ADOPTION IN BEAUFORT SC

CHILD ADOPTION IN BEAUFORT SC

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When practicing primarily in the South Carolina Family Court, a majority of what we do involves representing clients in bitterly disputed litigation in which there are no winners, and if children are in any way involved, they are generally the ones who lose out. Adoptions are the exception to this unfortunate reality, and adoption proceedings are some of the most rewarding and gratifying cases that we as attorneys could ever be involved with. Adoptions are generally joyous occasions that expand or complete a family unit and rival childbirth in terms of their celebratory effect. Tens of thousands of adoptions take place in the United States every year. Adoption generally requires the participation of both the birth mother and biological father of the child, although there are exceptions to this when…
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