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Divorce and Family Law
Child Custody / Child Support /
Alimony / Property Division
Coastal Law firm's family law practice includes divorce, child custody,
visitation rights, the identity, valuation and division of assets and
debts (including retirement plans, stock options, businesses and other
complex financial issues). We also negotiate and draft premarital or
prenuptial agreements on behalf of our clients. We can also assist with
matters involving the failure of a party to comply with court orders
regarding child or spousal support, property division, or other legal
matters.
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Child Custody: Coastal Law
represents fathers, mothers and third parties seeking legal and
physical custody of minor children. We handle both contested and
uncontested custody actions. If you believe there is a reason that
your child's custody should be reviewed by the Court, call us at
843-488-5000 for an initial consultation or email your questions to
attorney@coastal-law.com
- Child Support: If a significant change of
circumstances exist, the Court can increase or decrease your child
support. Things that can change child support include a significant
increase or decrease in income, an increase or decrease in daycare
costs, or special costs of a child. Our firm handles all types of child
support cases, including paternity actions and child support enforcement
actions. Our firm also deals with child support matters related to
divorce or separation litigation.
- Support and Alimony: Coastal Law represents spouses
seeking alimony related to ongoing divorce or separation litigation. Our
firm also represents clients that need to modify or terminate
existing alimony orders, as well as clients defending such actions.
- Property and Debt Division: Coastal Law will help
clients in the identification, valuation and distribution of assets,
including real property, financial assets, business interests and
personal property. We also assist clients in structuring final property
settlement agreements.
- Premarital Agreements: Coastal Law negotiates and
drafts Premarital Agreements for our clients. A prenuptial
agreement is also called a "premarital" or "antenuptial" agreement. It
is a contract executed before the marriage between two prospective
spouses in contemplation of their marriage. It establishes their marital
property rights and financial responsibilities upon consummation of the
marriage. In South Carolina, "post" nuptial agreements are also
recognized.
- Visitation
Visitation with children in the custody of another is also
determined by the Court in its discretion based on the best interests of
the children. The length and frequency of visitation with the children
will vary based on each situation's facts and circumstances.
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Divorce
- Separation
- Custody
- Other Marital problems
Grounds
for Divorce in South Carolina
Adultery:
To prove grounds of adultery it must be shown that a spouse had sexual
intercourse outside the marriage. The time(s) and place(s) must be
specific, and the conduct may be inferred from circumstances. (i.e.
Testimony and documentation that a spouse spent the night in a motel room
with a person other than their spouse.)
Physical Cruelty:
To prove grounds of physical cruelty it must be shown that actual
personal violence occurred or such a course of physical treatment that
endangers life, limb, or health, and renders living together unsafe. A
single act of physical cruelty does not ordinarily constitute grounds for
divorce, unless it is so severe and atrocious as to endanger life, or
unless the act indicates an intention to do serious bodily harm or causes
reasonable apprehension of serious danger in the future.
Habitual Drunkenness:
To prove grounds for habitual drunkenness it must be shown that a
spouse has a fixed habit of frequently becoming intoxicated, but does not
necessarily imply continual drunkenness. Habitual drunkenness must exist
at or near the time the lawsuit is filed. This ground for divorce also
includes habitual drug use.
Desertion:
To prove ground of desertion, it must be shown that:
The spouses have stopped living together
Intent on the part of the party leaving not to resume living together.
Absence of the opposite party's consent.
Absence of justification.
These elements must exist for the period of one (1) year.
Constructive Desertion exists where the misconduct of one spouse compels
the other spouse to leave.
One Year Separation (No Fault):
To prove this ground it must be shown only that the spouses have not
lived together for a minimum of one (1) year. Consent, or lack of it, to
live separately is not relevant for this ground. This is South Carolina's
closest ground to a "no fault" divorce ground
Property Division:
South Carolina is an "equitable distribution" state. All other
property acquired during the marriage is subject to division, based the
following factors: (1) the duration of the marriage; (2) the age of the
spouses; (3) any marital misconduct; (4) any economic misconduct; (5) the
value of the marital property; (6) the contribution of each spouse to the
acquisition of the marital property, including the contribution of each
spouse as homemaker; (7) the income of each spouse; (8) the earning
potential of each spouse and the opportunity for the future acquisition of
capital assets; (9) the physical and emotional health of each spouse; (10)
the needs of each spouse for additional training or education in order to
achieve their earning potential; (11) the non-marital property of each
spouse; (12) any retirement benefits; (13) whether alimony has been
awarded; (14) the desirability of awarding the family home to the spouse
having custody of any children; (15) the tax consequences; (16) any other
support obligations of either spouse; (17) any marital debts of the
spouses; (18) any child custody arrangements; and (19) any other relevant
factors. [Code of Laws of South Carolina; Chapter 3, Sections 20-7-472 and
20-7-473].

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