I have run into several situations lately that involved spouses who had been separated and/or estranged from one another for 6 months or more. One of the spouses comes to request that I do a Last Will and Testament with them. After reviewing all of their information and giving them their options, I proceed to remind them that in the state of South Carolina, a spouse can request their 1/3 spousal share after the death of a spouse. They all seem confident in their thoughts and/or opinions when they express to me that they are separated and have been for some time. However their hope turns to dismay when I make them aware of the fact that there is no such thing as legal separation in the state of South Carolina. That in order to keep a spouse from claiming 1/3 Elective Share, they must no longer be your spouse. In other words, you must be divorced.
I wrote this simple short blog to say this to you....do not put off for tomorrow what you can do today. If it is your sincere desire to divorce your spouse, then put it into action. Not doing so can have very serious consequences.
Monday, May 16, 2011
Wednesday, May 11, 2011
They said they would sign the paperwork.....????......
Jane Doe comes to my office and tells me a story and asks for my help. Her story is simple: "Mary Jane and Bobby Joe told me that I can keep their child Suzy Q. They stated that they would sign a piece of paper giving me custody. Will you draw up this piece of paper for them to sign?"
Jane Doe is somewhat surprised when I inform her that I cannot draft any documents giving her custody or guardianship over anyone's child. I inform her that only a South Carolina Judge can do this for her, however I am able to assist her with the legal representation necessary to complete the process.
When a person tells you that they need for you to take care of their child for them. You should seek to go through the appropriate channels to make sure it is done legally. You may ask a court of law to make you guardian or give you temporary custody of the minor child. If the biological parents no longer wish to keep the child, you would then seek to adopt the child.
Guardianship, Custody and Adoption are very detailed processes. Seek the services of a knowledgeable family law attorney. For more information, contact W. M. Bowen, Attorney at Law.
Jane Doe is somewhat surprised when I inform her that I cannot draft any documents giving her custody or guardianship over anyone's child. I inform her that only a South Carolina Judge can do this for her, however I am able to assist her with the legal representation necessary to complete the process.
When a person tells you that they need for you to take care of their child for them. You should seek to go through the appropriate channels to make sure it is done legally. You may ask a court of law to make you guardian or give you temporary custody of the minor child. If the biological parents no longer wish to keep the child, you would then seek to adopt the child.
Guardianship, Custody and Adoption are very detailed processes. Seek the services of a knowledgeable family law attorney. For more information, contact W. M. Bowen, Attorney at Law.
Wednesday, March 30, 2011
Child Support and the United States Supreme Court!
Many have argued for years the unfairness of "daddy round-ups" in Child Support Enforcement Cases. What started out as a means to make a non-custodial parent assist financially with a child when the custodial parent files for federal benefits and assistance, has turned into a rotating door of jailhouse sentences for so called "dead beat parents."
One parent, Michael Turner, is fighting a part of this process in the state of South Carolina. Michael Turner has appealed his case to the highest court in the land, the United States Supreme Court. Oral arguments were heard on the case March 23, 2011.
Whether an indigent defendant has a right to court-appointed counsel when faced with being sent to jail for violating a state court order, and whether this is the kind of case that the Supreme Court can consider. Many have previously questioned this right, especially in child support enforcement cases. When a judge holds a person in contempt for disobeying a court order, they do so under the premise of civil guidelines, not criminal guidelines. However, the pay it all or go to jail mentality has caused many parents who are behind on child support payments to GO STRAIGHT TO JAIL, and begs the question of just how the South Carolina Family Court System is differentiating between civil contempt and criminal punishment.
You can find more information on Turner v. Rogers by clicking here. Updates will be posted once the Supreme Court Justices have made a ruling in this matter.
One parent, Michael Turner, is fighting a part of this process in the state of South Carolina. Michael Turner has appealed his case to the highest court in the land, the United States Supreme Court. Oral arguments were heard on the case March 23, 2011.
Whether an indigent defendant has a right to court-appointed counsel when faced with being sent to jail for violating a state court order, and whether this is the kind of case that the Supreme Court can consider. Many have previously questioned this right, especially in child support enforcement cases. When a judge holds a person in contempt for disobeying a court order, they do so under the premise of civil guidelines, not criminal guidelines. However, the pay it all or go to jail mentality has caused many parents who are behind on child support payments to GO STRAIGHT TO JAIL, and begs the question of just how the South Carolina Family Court System is differentiating between civil contempt and criminal punishment.
You can find more information on Turner v. Rogers by clicking here. Updates will be posted once the Supreme Court Justices have made a ruling in this matter.
Monday, March 14, 2011
Blaming the Victim!
Attached you will find the link to a story of an alleged gang rape. The rapists range from the ages of 14 to 27, and there were supposedly 20 of them, who recorded their acts on a cell phone and then forwarded the same to friends, etc. The alleged victim is an 11 year old female. However there are some in the general public who are actually turning their blame to the 11 year old and her parents. They are questioning her conduct and upbringing, but not questioning that of the alleged perpetrators of the crime. Still blaming the victim? Hard to understand how an uproar can be so loud for the abuse of animals, but when a human is abused or hurt at the hands of another human, you barely hear a whisper. Read the article and you decide.
Friday, March 11, 2011
Residency Requirements for Divorce in South Carolina
All states have residency requirements that must be met before a person files a Petition or Complaint for divorce or dissolution. This is the only way that a state’s court has the right (jurisdiction) to make legal decisions about your marital status and issues related thereto.
Residency requirements are based upon the length of time that a person resides in a particular state and vary. If a husband and wife who are separated live in two separate states, they may satisfy the residency requirements in each state, and can therefor file for divorce in either state. However your attorney may recommend in a contested cases, that the person filing the Petition or Complaint should file for the divorce in the spouse's state of residency to ensure the court has the ability to have contempt powers over the party (through personal jurisdiction).
If a spouse is enlisted in the military, the residency requirements may be satisfied in three separate states: (1) the state in which the enlisted spouse is stationed; (2) the enlisted spouse’s actual state of residency; and (3) the civilian spouse’s state of residency.
For the State of South Carolina, Residency requirements are as follows:
"In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina." [South Carolina Code of Laws]
Residency requirements are based upon the length of time that a person resides in a particular state and vary. If a husband and wife who are separated live in two separate states, they may satisfy the residency requirements in each state, and can therefor file for divorce in either state. However your attorney may recommend in a contested cases, that the person filing the Petition or Complaint should file for the divorce in the spouse's state of residency to ensure the court has the ability to have contempt powers over the party (through personal jurisdiction).
If a spouse is enlisted in the military, the residency requirements may be satisfied in three separate states: (1) the state in which the enlisted spouse is stationed; (2) the enlisted spouse’s actual state of residency; and (3) the civilian spouse’s state of residency.
For the State of South Carolina, Residency requirements are as follows:
"In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina." [South Carolina Code of Laws]
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