What is the difference between a "contested divorce" and an "uncontested divorce?” Simply put, a “contested divorce" refers to when a couple disagrees on some issue concerning a divorce. The parties, through their lawyers, present evidence to a...
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EVIDENTIARY ISSUES SURROUNDING THE USE OF DRUG TEST RESULTS IN CHILD WELFARE CASES AND THE USE OF DRUG TEST IN DEVELOPING TREATMENT PLANS
The purpose of Chapter 7 of the Children's Code Section 63-7-10 is to insure that any intervention by the state into family life on behalf of children be guided by law, by strong philosophical underpinnings and by sound professional standards for...
In the recent case of Brackeen v. Zinke, Case 4:17-cv-00868-O, A Texas Federal Court in Forth Worth declared that the Indian Child Welfare Act categorizes children in the State's Welfare system by race, not membership or eligibility for membership in...
According to recent reports, the divorce rate is beginning to dramatically decrease. What is causing the divorce rate to plummet? The date suggest that the answer is due to millennials, who are approaching relationships and marriage differently from...
Another such defense to a fault-based divorce is the defense of recrimination. The defense of recrimination can be raised when one spouse accuses the other party of misconduct that the alleging spouse is also guilty of committing. There is a saying in...
Mediation is often a very misunderstood process. Part of the reason possibly comes from the stigma that alternative dispute resolution is “mandatory” in South Carolina. While the rules require that parties physically attend a mediation session in...
In order to obtain a divorce in South Carolina, the party seeking the divorce must first meet the residency requirement established by law. In order to file for divorce the person filing (plaintiff) must have resided in a period of at least one year...
As a long time advocate for children and as a former Attorney for the South Carolina Department of Social Services, it’s not an over exaggeration to say that no other recent court case has had as major an impact as the recent case of SCDSS v....
One of the defenses to a divorce being sought on a fault-based ground is Condonation. Condonation is a legal term meaning “conditional forgiveness.” Condonation is a powerful defense to a fault divorce in South Carolina and can revive an alimony...
