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The Potential Benefits of Divorce Mediation

The Potential Benefits of Divorce Mediation

Mediation
The legal process of going through a divorce is difficult.  In addition to being stressful and expensive, a Beaufort divorce lawyer can explain how the process of obtaining a divorce – like all litigation – is inherently unpredictable.  Before starting down this path, it would be wise to consider mediation as an alternative. At Fender Law Firm, our experienced Beaufort divorce lawyers can help you determine if divorce mediation is right for you. What is Mediation? Mediation is a form of alternative dispute resolution.  It features the parties and their attorneys appearing before a neutral third party who facilitates and assists the parties with reaching an agreement on some (or all) of the issues that the parties are disputing.  In short, it is a method of resolving a legal case…
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Do You Need to Talk to a Lawyer if You are Getting Separated?

Do You Need to Talk to a Lawyer if You are Getting Separated?

Divorce
Married spouses decide to separate for several different reasons. You may know you want a divorce, and decide it is time to begin living apart, which you must do for one year prior to a divorce in South Carolina. You may also just want to take some space and time to determine whether the marriage can work in the future. Some spouses live separate for years without getting a divorce due to religious principles, insurance coverage, and more. If you decide to get separated - for whatever reason - it may be a good idea to discuss the situation with an experienced family lawyer in Beaufort. Orders of Separation While some states allow spouses to become “legally separated,” South Carolina law provides no such status. However, whether you are waiting…
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How a Prenuptial Agreement Affects a Divorce

How a Prenuptial Agreement Affects a Divorce

Divorce
Many engaged couples may think that a prenuptial agreement is unromantic, while other couples may see it as a necessary step before they get married. A prenuptial agreement can help to protect your financial interests, as well as protect your children from a previous relationship, and it can even help to prevent infidelity, substance abuse, and other misconduct. If you did sign a prenuptial agreement and now are getting divorced, you can expect your agreement to play a significant role in your divorce. Property division - In general, the law requires divorcing spouses to divide their marital assets and property in a fair and equitable manner. However, you can address property division issues in a prenuptial agreement. The agreement can state that one spouse keeps a business, real estate, or…
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Dividing Debts in a Divorce

Dividing Debts in a Divorce

Divorce
In a divorce, many people focus on how they will divide their property, assets, and possessions. However, equally as important is how you will divide your debts. South Carolina is an “equitable division” state, which means the law requires spouses to divide all marital property in a fair manner, and the same goes for debts. How much debt you end up with can make a huge difference in your post-divorce financial situation, so you should have an experienced divorce lawyer in Beaufort representing your rights. Separate or Marital Debt? First, you must determine which debts are separate and which are marital. If you had a debt prior to marriage in your name only, that debt will likely be your responsibility. The same goes for pre-marriage debts in only your spouse’s…
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Custody Concerns When Planning for Summer Break

Custody Concerns When Planning for Summer Break

Custody
With baseball season starting and the official beginning of spring on March 20th, many parents are beginning to make plans for the summer. Whether you are enrolling your kids in day camp or sleep away camp or making family travel plans, you will have additional concerns and considerations if you share custody of your children. Your first step should be to consult your parenting plan and custody order. These documents should address how you will need to split time with your child’s other parent during the summer. Some parents maintain the same schedule year-round, while others divide parenting time differently when the kids are out of school. If your parenting plan dictates how your will split time, you should adhere to that arrangement when making summer plans. If you plan…
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Will Your Divorce Case Go to Trial?

Will Your Divorce Case Go to Trial?

Divorce
Many people on the brink of a divorce case have an image in their head of how the process may go. Too often, this image involves them and their spouse fighting in court, airing personal details in front of a judge. This image can be enough to make some people rethink divorce entirely. The good news is that what you see in movies and on television is often very different than what your divorce process will be. Many couples never have to argue their cases in front of a judge, as their divorce does not involve a trial. South Carolina law requires divorcing couples to resolve several legal issues before a court will grant the dissolution of their marriage. Some issues include child custody, child support, the division of property…
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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

Uncategorized
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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