Archive for the ‘Of Interest to General Public’ Category

The problems in splitting children’s expenses based upon undefined “pro rata income shares”

I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”] income shares.” Often these agreements were negotiated or drafted by experienced family law attorneys. While the intent is well meaning, the language causes serious problems. Without knowing how “pro rata” […]

The difficulties relocating with children merely because the stepparent is moving

Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse moves they and the children will move. Rarely do they consider the difficulties they might encounter with the other parent if they wish to relocate merely because their own spouse […]

How soon can one get a divorce after filing?

Folks who have filed for divorce often wonder why it takes so long for them to get divorced. S.C. Code § 20-3-80 sets “Required delays before reference and final decree.” It requires that hearings on a divorce based on physical cruelty, adultery or habitual intoxication not take place until two months after the date the […]

How to avoid becoming (unwittingly) common-law married

I get frequent calls or emails inquiring how long one can live with a romantic companion before one is common-law married. Often these folks believe there is a set time period (typically seven or ten years) after which cohabitation is presumed to become a common-law marriage. These folks are mistaken. While cohabitation (living together) is […]

A little more perfect union

It seems fitting that I was at the TD Arena with my family awaiting President Obama’s eulogy for Clementa Pinckney when the United States Supreme Court announced its decision in Obergefell v. Hodges, which established a right to gay marriage throughout the country.  Both events seem part of America’s grand struggle to live up to […]

Common law marriage is still marriage

I am amazed at the number of folks contacting my office who have inadvertently gotten themselves married via common law marriage. I am also amazed at the folks who ask how they can get common law married because they don’t want to go through the trouble or expense of a ceremonial marriage. Such questions or […]

Charleston’s daily paper wins Pulitzer Prize for series on domestic violence

On April 20, 2015, the Charleston Post and Courier won the 2015 gold medal for public service, the most prestigious of the Pulitzer Prize awards for journalism, for the paper’s series on domestic violence, “Till Death Do Us Part.” Among the P&C journalists sharing this award is a friend, Glenn Smith, whose reporting on the […]

Can someone be too demented to consent to sex with a spouse?

There’s an interesting, and quite disturbing, article in the April 14, 2015 New York Times regarding the upcoming trial of Henry Rayhons, a now-former Iowa State Representative who is “charged with third-degree felony sexual abuse, accused of having sex with his wife in a nursing home on May 23, 2014, eight days after staff members […]