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The results of a Census Bureau study on American marriages were recently released, and the figures may surprise you. The study revealed that divorce is much more common among men and women in the South than people in the Northeast. In Southern states, for every 1,000 people who were married, about 10 men and 11 women had gotten divorced. In the Northeast, the rate drops to about 7. According to Diana Elliott from the Census Bureau, divorce rates are higher in the South because “marriage rates are also higher in the South.” With a more married adults, states in the South will naturally have more total divorces. Elliott adds, "first marriages in the Northeast tend to be delayed and the marriage rates are lower, meaning there are also fewer divorces.

During this study, the Census Bureau also analyzed the financial impact divorce has on families. Although the data they collected had uneven results, it does show that the majority of children living with a parent who divorced in 2009 now live with their mothers. 23 percent of these women receive some type of public assistance, such as food stamps or welfare; only 15 percent of men required similar assistance. The study also suggests that women have less income than men when they are newly divorced. About 17 percent of men who are newly divorced have incomes below $25,000; 25 percent of women fall into that category.

Your financial responsibilities during a divorce include the following:

1. Gather Information
-keep legal fees down
-learn your family finances
-prepare to make financial decisions

2. Negotiate property division
-determine your needs
-determine how you will divide your property
-consider income tax consequenses

3. Manage your debt
-list your unpaid balances
-consider your credit rating

The financial separation that comes along with divorce can be less difficult if you find out what your options are and stay on top of all the accounts that you had with your spouse. Getting a divorce doesn't always cause financial hardship. Many times, divorce provides relief to one or both parties which may outweigh their money woes. Hiring a good family lawyer will help you through your divorce and figure out all your options.

If you or someone you know is considering getting a divorce, you will need to speak with an experienced family attorney. Call one of the Myrtle Beach family lawyers to schedule your consultation. A family lawyer in Myrtle Beach will help you make the best of this difficult process.

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Military divorce is a non-legal term used to describe divorce when one or both spouses are active or retired military. Although there are not separate divorce requirements when filing for divorce for military families, some states may make concessions on state residency requirements to divorce for active duty military personnel who wish to file for divorce in the state where they are stationed. Military couples have to go through the same process as civilian couples. However, there are additional issues and rules involved in military divorce.

These factors may make military divorces more complex and take longer to finalize. The Servicemembers Civil Relief Act may make active members of the armed forces delay divorce or have counsel appointed by the court under certain circumstances so they may continue to defend the country. Federal law considers military retirement income marital property. This income may be divided during divorce just like civilian pensions or retirement accounts. State laws may handle military retirement accounts in different ways. If the marriage lasted for more than 10 years and the military spouse has the required amount of service, former spouses may be entitled to receive retirement pay directly from the Defense and Accounting Service office. Under federal law, divorced spouses are not entitled to a portion of the military spouse's disability income.

If a military marriage has lasted 20 years or more, the divorced spouse may still be eligible to receive medical coverage. This is called a "20/20/20" former spouse. That means that the parties were married for at least 20 years, the service member performed at least 20 years of service, and there is at least a 20 year overlap of marriage and military service. The unmarried 20/20/20 former spouse will qualify for both health care through the military health system and full commissary and exchange privileges.

If the former spouse who has employer sponsored medical insurance, they are not eligible for military medical. If their employer plan is optional, the former spouse may decline that insurance and remain eligible. Medical benefits will stop upon remarriage and may never be reinstated. Commissary and exchange privileges can be reinstated if the remarriage ends due to death or divorce.

Since divorce law is governed by state law, it may be helpful to find a family attorney who specializes in family law and is also familiar with military benefits. If your primary attorney isn’t familiar with military benefits, you may want to consider hiring an attorney familiar with military benefits as a consultant for your case. Your state bar association can provide you with a list of family lawyers who can assist you with your family case. It is important to retain a family lawyer who understands both state family law issues as well as military benefits.

If you or someone you know is considering getting a divorce, call one of the experienced family lawyers at The Mace Firm for a consultation.

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During a divorce, your assets will be divided by an agreement your reach with your spouse or they will be divided by the court. Your assets can include your possessions and accounts, such as real estate and retirement accounts. Real assets include homes and property; these are physical or identifiable assets. Personal property is any asset other than real estate because personal property is movable, whereas real estate is permanently fixed to one location. Personal property can include furniture, antiques, artwork, computers, jewelry, collections and vehicles. Financial assets include checking accounts, savings accounts and retirement accounts, to name a few. A good family lawyer can assist you when it comes to dividing your assets during divorce proceedings.

There are two ways to protect your assets during a divorce: premarital asset protection and postmarital asset protection. Premarital asset protection requires a prenuptial agreement to be in place. The divorce courts in states accepting prenuptial agreements will uphold the contract if the agreement is fair and includes all relevant information about assets. If the court believes that one party was forces to enter into the agreement under duress or coercion, the prenup will be thrown out. A postnuptial agreement will help to protect your assets during the divorce process. The agreement typically includes all marital debts and assets, income and expected monetary gain. An experienced divorce lawyer can help you figure out what to include in a postnuptial agreement and whether the court will accept it.

Just as marital assets are divided during a divorce, marital debts are divided as well. If the couple cannot agree on how to divide their debts, the court will decide for them. The court will divide the assets and debts based on spouse's income, earning potential, and child custody. Unfortunately, even if your divorce decree assigns certain debts to your spouse, you may still be responsible for those debts. If one spouse fails to pay off debts, the creditor can still bring legal action against the other spouse for the full amount of the debts.

Determining marital property during a divorce is important. Marital property may include income, real estate, the family home, furniture and cars. Depending on the state, some property can be considered separate property by the court; separate property is not divided between the spouses. There are two ways the court can divide your assets. Community property law is when the divorce court divides all marital proeprty equally. Equitable property distribution, on the other hand, is when the divorce court makes property distribution decisions by what they consider to be fair.

Getting a divorce is rough on all parties involved. There are a lot of decisions during the divorce process your divorce lawyer can help you with involving your finances and assets. It is wise to consult with a good family lawyer in your area if you are thinking of getting a divorce. Our experienced Myrtle Beach family lawyer is here to help you through this difficult time in your life. Call The Mace Firm to schedule a consultation.

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It is well known that when a couple is in the process of divorce, it takes a toll on their emotional well-being. Divorce proceedings also have a negative affect on the finances of the people involved. Hiring a good family law attorney and dividing the couple's assets are a couple aspects of divorce that affect financial stability. Getting a divorce may even result in poverty, especially for women. Once a woman loses the financial stability of a marriage, she is more likely to become poor. According to cencus data, women living below the poverty line are 94% more likely to be recently divorced compared to other women. Women who receive noncash government assistance are 69% more likely to be recently divorced.

In South Carolina, spousal support is not always granted. It is the decision of the court whether one spouse should have to provide a sum of money to the other on a regular basis. Child support is based on each parent's income and may be granted if there are underage children involved in the divorce.

With all of the issues that arrise when filing for a divorce, it is wise to hire a good family lawyer in your area. The family lawyers in Myrtle Beach are experienced in dealing with divorce and child custody cases.

If you or someone you know would like more information about getting a divorce, please call one of the Myrtle Beach family lawyersat The Mace Firm.

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Ask anyone presently paying alimony and I’m sure they will agree that the institution needs a major overhaul. Alimony was not always so complicated, but with the social transformation of the past half a century, and women and men sharing more of both the workforce and the home, alimony is a complicated and serious issue arising in any divorce action. Alimony is more likely granted in cases where the parties have been married for an extended period of time and/or where one party is deemed at fault for the breakdown of the marriage. Every case is unique and with at least 13 determining factors used in South Carolina alone, with regard to the amount, duration and merit of an alimony award, there is no hard and fast rule that is applicable when seeking this sort of relief.
Just to clarify, alimony and child support are not the same nor are they particularly connected. Alimony can be ordered either permanently, temporarily, or in one large lump sum at the conclusion of your divorce. Historically, alimony was meant to fulfill one spouse’s obligation to the other to care and provide for them as promised, “til death do us part.” As divorce rates rose and women entered the work force, alimony also evolved. Some say the whole concept of alimony should be abolished and that such an antiquated system is being abused. Others want to see alimony adapted to our time and limited always and only as temporary and rehabilitive.
If you are facing divorce, you may not have stopped to consider whether or not alimony is an issue. I encourage anyone that is considering such to seek the advice of an aggressive family law attorney and explore whether or not their case may be subject to alimony and if so, what they can reasonably expect as their case is either negotiated toward settlement or tried.
Call The Mace Firm today and schedule your consultation with a skilled family law attorney who can give you the counsel you need to get the outcome you deserve.

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I am convinced that the joy of Christmas has healing powers. Restorative. Transformative. December is the month of brotherly love and shared joy…

Or in some cases, a season of clenched teeth and bitten tongues, perhaps even a slammed door or an overly tipsy in-law. The season of sacrifice and giving inevitably paves the way for a fresh start and the self-reclamation of New Year’s resolutions.

It appears that a staggering number of these resolutions lead to the filing for divorces all across the country. According to an article found at businessjournalism.org, (one of many articles heralding this new season), the chill of January prompts folks to at least consult an attorney regarding divorce. While consultations are on the rise, filings don’t appear to hit their peak until March. I suppose that is because any wise counselor asks the potential client, “are you absolutely certain your marriage is irreconcilable?” With this, many a potential client may ponder his/her possibilities, perhaps even pray for Cupids arrow of Valentines, but after exhausting all efforts, finally files the papers.

No one wants to admit defeat. In fact, this fear of giving up has driven many an unhappy mate to pursue an “undivorce.” An undivorce is the non-committal and often confusing variation on separation that hearkens to the open-marriages of the 1960s-70s. Mom lives in right next door to Dad, Dad still comes over for dinner most nights, family vacations are together, but Mom and Dad secretly see other people and pretend their precious but precocious children are none the wiser. In a predictable and perfect world, this could be an option. For most of us, the messy reality of domestic relationships require a bit more structure.

Even if you and your spouse opt for the undivorce, it would be wise for each of you to consult your own attorneys and reduce your desires to writing in an official separation agreement. And if you decide to go all the way, a property settlement and separation agreement negotiated between yourselves with the guidance of a skilled attorney is the best way to settle matters so that the court need only grant a divorce.

It is always best if issues of custody, visitation, and property are settled with great detail and specificity between you and your spouse, so as to ensure the most amicable and customized arrangement. If a judge is determining custody, visitation, etc, life gets more difficult both financially and emotionally for everyone involved. If you are facing a contested divorce or custody matter in South Carolina, you need a wise and aggressive attorney who can look out for your best interests and help you to understand your options.

We realize things are about to get rocky. We are rolling up our sleeves and ready to answer your call. Prepare yourself for the cold winter of January and make a resolution to give us a call.

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Attention those couples on the cusp of a break-up, teetering toward a trial separation, in the midst of a split, or on the downward slope of divorce: If you have children, there are some bigger issues than your own heartache to consider.

When relationships are rocky it is important to remember to create the calm and stability your children need, in spite of your own troubles. Granted, it is much easier said than done when emotions run high and kids are asking adult questions. So what are the rules for dealing with the little people in our lives when it is a challenge to be the bigger people ourselves?

Roy T. Stuckey, professor of law at the University of South Carolina and author of Marriage and Divorce Law in South Carolina: A Layperson’s Guide gives some general “do’s and don’t’s” for handling the fragile sensibilities of children:

~ Do tell your children that they are not the cause of the divorce (don’t assume they know)
~ Do reassure them that BOTH parents still love them and that they will still have both parents after the divorce
~ Do give the children your full attention, as difficult as that is under the circumstances
~ Do everything possible to be friendly, collaborative, and accommodating toward your spouse when it involves the children
~ Do NOT say bad things about your spouse
~ Do NOT have arguments in front of the children
~ Do NOT use the children as messengers between you and your spouse about anything to do with the divorce
~ Do NOT use the children as spies to find out what your spouse is doing, thinking, saying, or spending
~ Do NOT ask the children to take sides on any issue
~ Do NOT use the children as counselors or otherwise confide in them about your problems
~ Do NOT use the children as weapons for getting revenge on your spouse
~ Do NOT use the children as leverage or “bargaining chips” in divorce settlement negotiations

If you are going through a domestic case or if you’re just curious about how family law functions in South Carolina, I would highly recommend Mr. Stuckey’s book. While useful for keeping you informed of the process, it obviously cannot replace the sage advice of an aggressive and compassionate family law attorney.

If you are looking for guidance in matters of divorce, child custody, separation negotiations, and even domestic violence, please call The Mace Firm to schedule a consultation. We have attorneys who are skilled in a wide range of family and criminal issues. Our attorneys have active cases on both the state and federal levels and are licensed in South Carolina, Florida, Georgia and New York.

Also, if you are dealing with domestic issues and planning to meet with your attorney, please do not bring your children in with you to your consultation. Regardless of their age, talking with your attorney about your particular adult problems is an adult matter and children should not be exposed to it. If you have no choice but to bring your child into the war zone, please be courteous and call ahead to notify the attorney's office so that they may prepare a separate space for your child to color or read while you do the grown up work. Even if your child is still very young, they can often sense your heartache, distress or anger. Please make every effort to shield them and trust that we at The Mace Firm will make every effort to legally protect you and your loved ones.

Continue reading "Public Service Announcement for Parents" »

Famous Folks in Family Court this Year:
~ Tish & Billy Ray Cyrus –Married 17 years and headed for an achy-breaky break up.
~ Elizabeth & Randy Travis - Married 19 years… guess it’s not forever and ever amen.
~ Brook Mueller & Charlie Sheen – Married just 2 ½ years… a major league 3rd strike for Charlie in the marriage department…
~ Christina Aguilera &Jordan Bratman –married 5 years…it’s not what a girl wants…
~ Courtney Cox & David Arquette – married 11 years… remaining friends?
~ Laura Dern & Ben Harper – married 5 years…failed to find diamonds on the inside?
~ George & Ann Lopez – married 17 years … She gave him her kidney – think she wants it back?
~ Johnathon Schaech and 'One Tree Hill' actress Jana Kramer – not even a month?
~ Kelsey Grammar & Camille - married 13 years … Dr. Crane dismissing wife number 3?
~ Mark Paul Glosser & Lisa Ann Russell - married 13 years – it just wasn’t Zack and Kelly.
~ Morgan & Myrna Freeman – married 26 years – was this one on his bucket list?

It happens.

Divorce. Custody. Visitation. Alimony. Child Support.

These are the conflicts and products of modern relationships among our neighbors, our friends, and even the celebrity elite. To be honest, when we think of Hollywood couples, the terms commitment and time tested do not come to mind. Still, some of the couples listed really surprised me.

Whether you have been in a marriage for one month (like Johnathon Schaech and 'One Tree Hill' actress Jana Kramer) or 30 years, you’re hurting and need someone who can help you through it. And even if you've never married, like Susan Sarandon and Tim Robbins or Goldie Hawn and Kurt Russell, you may need the help of a family law attorney for matters of child custody or support.

If you find yourself in need of an aggressive attorney, one that will focus on you and your family, then call The Mace Firm today.

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According to Consumer Reports, as of October 12, 2010, a no-fault divorce is finally possible in every state in the union. And shouldn’t it be? Sometimes life happens and people decide to be civil, even amicable, when they choose to go their separate ways. There is no need to point fingers or to take the blame. Now every marriage in every state can be terminated without slinging mud upon yourself or your spouse.

Of course, it isn’t as easy as just a quickie agreement and dividing/duplicating your CD collection. Getting divorced in South Carolina requires you to take the time to be certain in your decision. But if you are patient, there is such a thing as an uncontested divorce.

Even though this no-fault idea has caught on all across America, a truly no-fault uncontested divorce is seldom the case. Often there are situations of adultery, abuse, abandonment, and/or alcoholism that are blamed for the demise of a marriage. Without one of those reasons, divorce is possible upon the ground of One Year’s Continuous Separation.

Define “continuous,” you say? That means if one of you moves out on October 25, 2010 and you do not spend another night (or delightful afternoon) together, you could be divorced by October 26, 2011. You just need the right attorney to do the paperwork and handle the legal details.

If you have been considering divorce and are looking for discrete and elite counsel, the attorneys of The Mace Firm can give you the legal guidance you need to get up and get on with your life. Regardless of the reason you may end it, resolve to end it the right way and call The Mace Firm today.

Continue reading "Not Your Fault" »

Are you a dead-bolt dad?

A dead-bolt dad is a parent - mom or dad - who is being denied access to or visitation with their child(ren), in spite of a custody arrangement granting them these rights. These parents are locked out of their child's life by the other parent's failure to cooperate and follow a custody agreement. These dead-bolt dads and moms need someone who will step in on their behalf and fight to enforce their court order.

Recently, in Salt Lake City, UT, a state representative grew tired of a flawed system that failed to prosecute these outlaw parents and decided to do something about it. State Representative Carl Wimmer acknowledged that this sort of behavior steps beyond the realm of family law and into that of criminal, and has therefore changed the language of Utah Law to reflect that refusing visitation is now a criminal offense.

But elsewhere in the US, the lines remain blurred and dead-bolt parents are left feeling powerless and alone. If you or someone you love is a dead-bolt parent, call the qualified family law attorneys of The Mace Firm. You need someone who knows custody and visitation and has the key to unlock those chains. Don't spend one more moment away from your children. Call to schedule your consultation today.

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According to the Social Security Administration, the general requirements for ex-spouses to collect benefits are as follows:

1. The marriage had to last atleast ten years;
2. You have to be atleast 62;
3. Your ex-spouse has to be entitled to Social Security Retirement or disability benefits;
4. The benefit you are entitled to based on your own work must be less than that of your ex-spouse;

Basically, the rules are the same for spouses or ex-spouses. If you do apply for benefits, the beneifts of the spouse or ex-spouse will not be affected.

Please call The Mace Firm to schedule a consultation if you are in need of assistance with a divorce matter. Our attorneys are here to guide you through what could be a difficult time in your life.

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According to People magazine, Jesse James and Sandra Bullock finalized their divorce under seal last week after five years of marriage. Although the divorce papers read that the reason for the breakup was due to "discord or conflict of personalities", there were many reports of Jesse James cheating.

It is unclear whether the couple had a prenuptial agreement, but Jesse will not get alimony because in Texas, much like South Carolina, you have to be married for ten years to be entitled to spousal support.

Our divorce attorneys at The Mace Firm are experienced in handling high profile divorces that would like to be kept low profile. Our family law attorneys are also very knowlegable in drafting prenuptial agreements. Please contact our office to schedule a consultation.

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After over 40 years of wedded bliss the couple decides to call it quits. The high school sweethearts anounced their separation on June 1, 2010, shocking friends and the country. In the beginning of there relationship they could barely stand to be separated from one another. Now, the couple has grown apart and no longer want to be with each other.

I don't think anyone will ever forget their six second kiss on the stage at the 2000 Democratic Convention. Most thought that this is what the White House needed after the scandals Bill Clinton created. This passionate kiss did not get Al Gore into the White House and it also could not keep the Gores together.

Unfortanately people grow apart, fortunately there are compassionate attorneys who would like to help you divorce your partner as amicably as possible. If you have grown apart from your husband or wife, please call one of our attorneys at The Mace Firm for a consultation. Divorce is very difficult on the husband and wife but it is also difficult on family and friends. Having an experienced attorney will help guide you through these difficult times and give you peace of mind.
Our Myrtle Beach divorce lawyers are experienced in every aspect of family law. We are able to provide representation in many aspects of family law.

Continue reading "Al and Tipper Gore Divorce" »

Divorce is not easy, but planning for your divorce will help you make more positive decisions and can help reduce some of the stress that comes along with the divorce process. Below is a list of some things to think about when preparing for a divorce.

1. Make sure you have copies of any and all financial paperwork you may need, including but not limited to, mortgage accounts, bank accounts, credit card accounts, pension accounts, and insurance policies.

2. Make sure that your taxes are up to date and make copies of atleast the last five (5) years tax records.

3. Make sure your finances are in order, do not count on child support or alimony to take care of your finances.

4. If you are covered under your spouses medical coverage, before filing for divorce, make sure you and your children have had all of your medical and dental checkups.

5. Document all of your valuables so that if something becomes missing you will have proof that it existed. The best way to do this is with photographs or video.

6. Consult an attorney. An attorney can help you better prepare for your divorce and can also tell you your options. They will also be able to give you an estimate of what your divorce may cost so that you can begin saving.

If you need advice for your divorce or would like to know your options, please contact one of our Myrtle Beach, South Carolina divorce lawyers at The Mace Firm for your consutation. Our attorneys have handled many divorce cases and are extremely qualified to handle your situation.

Continue reading "How to Prepare for Divorce" »

No. According to the South Carolina Bar, one attorney is not allowed to represent the best interests of both parties. The reason is because the husband and wife are potentially adversarial. What may be in the best interest of the husband may not be in the best interest of the wife, and vice versa. If an attorney were to try and represent both parties, that would be called a conflict of interest.

Although a divorce attorney cannot represent both parties in a divorce, he/she can and do draft settlement agreements for both parties to sign. The attorney can also give the other party any forms that need to be completed, but cannot give them advice. Advice can only be given to the person who hired the attorney.

If you need to seek the advice of a divorce attorney, please call one of our South Carolina Family Law attorneys at The Mace Firm to schedule a consultation or click on the link to our website www.themacefirm.com.

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