January 6, 2012

Family Law Appeals

Appellate law is a specialized area of the law with its own technical rules and procedures. After a trial and a final order has been issued, one party may be dissatisfied. Usually, parties will file a motion to amend the order, setting out how the judge made a mistake. If the judge did in fact make a mistake, it should be brought to his or her attention so that it can be corrected. Generally, judges do not grant motions to amend since they have already considered the issues when they issued the final order. Once the motion to amend has been ruled on, the dissatisfied party has thirty days to file a notice of appeal with the South Carolina Court of Appeals.

A notice of appeal delays the ruling of the Family Court until the appeal is over. If a party is contesting the divorce itself, the parties may not be divorced. All matters of property division are put on hold which means that the parties are in pretty much the same situation regarding property division they were at the beginning of litigation. Child support, alimony, Custody Orders are not put on hold.

The dissatisfied party may file a petition for writ of supersedeas which asks the Court of Appeals to supercede, modify, or change the Order while the matter is being appealed. Generally, the Court of Appeals does not grant these petitions; however, the court has changed custody to the other parent pending a hearing on the appeal. The court can even change the amount or the liability of alimony or child support.

The appellate process is not a quick process. The process can take anywhere from one to three years. The family law attorney has to order the trial transcript from the court reporter which can take up to six months to receive the transcripts. Once the attorney receives the transcripts he or she has various periods of time to file the initial brief, then the opposing attorney has various periods of time to file the response brief. The time for the briefs to be filed can be extended and are many times.

Another potential problem that can make the appeal process take longer is bankruptcy. When people find themselves in a poor financial situation or a husband who is not happy with the result in Family Court sometimes will resort to bankruptcy. Bankruptcy court is a federal court which takes precedence over state court which means that everything in state court will be delayed until the bankruptcy proceedings are complete. The judge can modify alimony or child support payments, stay any transfer of property and manage the bankrupt's estate according to the bankruptcy laws.

Sometimes a bankruptcy judge will reduce the alimony and child support so that the debtor is able to pay off his or her debts. Recently, Congress has recognized that the bankruptcy laws should not be used to interfere with the orders of Family Courts. Unfortunately, family law lawyers are not specialized in the bankruptcy area so a bankruptcy attorney will have to be hired to protect the husband or wife's interests.

If you are dissatisfied with your final order from the family court, please call one of our experienced South Carolina Appeal attorneys at The Mace Firm.

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October 25, 2011

Children and Divorce

Getting a divorce can be emotionally challenging for all parties involved, but it can be especially difficult for children. Children often do not really understand why their parents need to divorce. A recent article in the Huffington Post argues that "parents need to be more mindful of their children’s well-being during a divorce, and that our culture should allow families experiencing divorce more time to adequately 'grieve' the loss of their past life."

Getting a divorce requires proper planning so that your children don't end up feeling ignored. Treating your children poorly during your divorce sounds terrible, but it happens too often due to the fact that over one million children younger than 18 see their parents get divorced. In the Huffington Post article, a therapist offers tips for parents who are looking to ensure the emotional health of their children during and after their divorce. First, the author advises parents to seek counseling for their children, even if it is only one appointment with a therapist. If you are unsure about where to find a counselor, you may ask your divorce lawyer if he or she knows of any helpful post-divorce therapists. Next, parents should explain the divorce to their children, and ensure them that both parents still love them as much as they did when they were married. Additionally, parents should explain that the children can still love both parents, and will never be expected to choose sides.

Parents must take responsibility for their actions and be careful not to convince their children that one parent is superior over the other. Your children should never be used as advocates in your disputes. Children can easily identify negative emotions, so parents should also be aware that they must let go of any hatred of their former spouse. Recovering from your divorce is a long process and its potential positive effects will not occur overnight.

If you or someone you know is considering divorce, it will be beneficial to you if you consult with an experienced divorce attorney in your area. Our Myrtle Beach divorce lawyers are ready to speak with you about your case. Call one of the divorce lawyers in Myrtle Beach to schedule your consultation today.


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August 29, 2011

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) refers to processes and techniques used to resolve disputes outside of court. Courts now require parties to use some type of ADR before their case can be heard in court. Most often in family court, the type of ADR used is mediation. ADR procedures have a neurtal person who can provide an unbiased opinion to act as a decision maker. ADR is very helpful when it comes to divorce and other family matters.

Divorce mediation may seem like a new idea in some parts of the country, but it is increasingly well-known and widely accepted. Mediation means different things to different people. In the recommended form, you and your spouse would sit down in the same room with each other and with a mediator, who will remain neutral. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce.

Different styles of mediation exist, but it is always fexible and confidential. It gives you and your spouse a way to settle conflicts, which is natural and inevitable, in a way that helps you to work together as parents once your divorce is over. The mediator will remain neutral between the husband and the wife. That means the mediator can't give advice to either party; they also can't act as a lawyer for either party. What the mediator will do is point out in open session to both spouses things that each of them should be aware of about what they want to accomplish. That open exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses will work with the same information, it usually takes less time to negotiate a resolution that makes sense to both parites involved.

If you or someone you know is going through a divorce, call one of the divorce lawyers in Myrtle Beach at The Mace Firm to schedule a consultation. Our Myrtle Beach divorce lawyers are ready to speak with you about your case.

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August 4, 2011

Family Law Appeals

An appeal is when you ask a higher court to review or look at an order or a decision made by the court you went to first. The person who asks for the appeal is called the "appellant" and the person on the other side of the appeal is called the "respondent." You will typically ask the court to review the previous decision if you believe the first court made a mistake. The court could have made a mistake about 1) how facts were used in a case or 2) how the law was applied.

You may not appeal an order just because you do not like it. You must have legal reasons to do so. There are a few steps to start the appeals process in family court. First, the respondent must be served with a Notice of Appeal, which is a document that tells the other person that you are appealing. Then, you must bring copies of the Notice of Appeal with proof of service to the Clerk of Family Court that made the order. The Clerk will then give one of the copies to the Clerk of the Appellate Division. You should also give copies of the Notice of Appeal to any family lawyers who are involved in your case.

After the final Family Court order was given to you in court, you only have 30 days to file the Notice of Appeal. After you file your appeal, you must obtain a full record of your case, including transcripts, which you must pay for. Then you must prepare a full record of your case including a brief. The brief is a written legal argument that describes your reason for appeal. If you are the respondent of an appeal, you typically have about a month from the day you receive the brief from the appellant to file your own brief. Either the appellant or the respondent can ask for oral arguments, which is a chance to make your case to the judge of the Appellate Division in person. If there is no oral argument, the judges will make their decision based on the briefs and the case record.

The family lawyer who represented you in family court is the lawyer who will help you with your appeal. When you decide to appeal the first decision from family court, it is very important to have a good family attorney to assist you with filing for your appeal and writing your brief. If you or someone you know needs assistance with their family law appeal, call one of the experienced Myrtle Beach family lawyers at The Mace Firm to schedule your consultation.

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July 26, 2011

Child Support in Divorce

Child support guidelines differ from state to state. Factors that may be taken into account when calculating child support include the needs of the child, ability of the noncustodial parent to support him or herself, standard of living the child would have had if the family had stayed together, child support owed for children from previous marriages and living expenses. If you are involved in a child support dispute, it will be beneficial to speak with an experienced child support lawyer to help you with your case.

Circumstances that may affect eligibility for child support are as follows: (1) paternity disputes. If the paternity of a child is questioned, the biological father of a child may not be ordered to pay child support until the results of a paternity test are reviewed by the court. (2) Identity and location of biological parent. Parents who can't locate or identify the other biological parent of a child may never receive child support, unless the missing parent is found and/or a paternity test is ordered. If the identity of the parent is known but he or she cannot be found, the child support services agency may provide help. (3) Child support orders. After a divorce court orders a parent to make child support payments, that parent may be held in contempt of court for failing to pay. A good family lawyer can help you and your ex-spouse come up with a good child support agreement. Once a child support agreement - including the amount, frequency and duration of payments - is put in writing, both parents must sign, or argue, the child support agreement. Then the child support agreement must be approved by the divorce courts.

Divorce is hard on the children involved, as well as the parents. As difficult as it may seem, it is very important for young children to maintain a sense of normalcy during and after divorce proceedings. Child support helps with that. The child should not feel like his or her life has turned upside down when the parents are splitting up, and having monetary support from your ex-spouse may help with that.

Sometimes, child support agreements can end up becoming impossible to adhere to later in life. Certain things may happen to one of the parents that would prevent them from paying support, like being laid off from their job or becoming disabled. The Supreme Court’s ruling on indigent parents does not go far enough in ensuring fairness to all parties involved. A court may not impose punishment if it is clear that the individual is unable to comply with the order. But, without a good family lawyer, it is extremely difficult a defendant to show that they cannot comply with the previously signed agreement. If you or someone you know is trying to make decisions concerning their child support agreement, call one of the Myrtle Beach family lawyers at The Mace Firm to schedule a consultation.


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June 29, 2011

Chris Hansen Caught Cheating

Chris Hansen, the host of the show To Catch a Predator, has been caught cheating on his wife by hidden cameras. Hansen was caught taking the West Palm Beach reporter, Kristyn Caddell, to dinner at the Ritz-Carlton before heading back to her apartment to spend the night.

The National Enquirer filmed the pair heading to the restaurant and her apartment afterwards; they even caught the two on tape leaving her apartment the next morning. Caddell and Hansen met in March and seemed to have an instant physical attraction. According to an unknown source, they hit it off so well that they headed to Hansen's hotel room that same night.

Hansen's wife, Mary Joan, will likely hire a divorce lawyer if she decides to leave Hansen because of his infidelity. A good family lawyer will help her with divorce proceedings and division of their assets.

If you or someone you know is facing a divorce, call one of the experienced Myrtle Beach family lawyers at The Mace Firm.

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June 20, 2011

Child Support Contempt

The United States Supreme Court has found that indigent civil defendants facing jail time have no right to automatic counsel for child support contempt proceedings. This was relevant in a case this week involving a man, Michael Turner, who has served a year in prison because he failed to pay child support. Although free lawyers are not a requirement in these situations, each state must have procedures in place to determine whether the parent was able to comply with the support order.

In Turner's case, he was unable to comply with the support order because he was once addicted to drugs. Now that he is clean, he asks that the court give him a chance. The judge sentenced Turner to prison without any regard for his ability to pay child support. Finally Turner's appellate lawyer argued his client's right to counsel at his contempt hearing.

An article from the ABA Journal states "the 14th Amendment’s due process clause allows a state to provide fewer procedural protections to civil contempt defendants than in a criminal case, which is governed by the Sixth Amendment." In the case of Turner, a lawyer was not a requirement, but he claims he did not get due process.

If you or someone you know is involved in a custody case, our family lawyers in Myrtle Beach are here to help. Call one of our good Myrtle Beach family lawyers at The Mace Firm for a consultation.

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June 2, 2011

South Carolina DSS Reviews Rules

South Carolina Department of Social Services has updated how it will handle a federal law that "was designed to help provide out-of-state child protection agencies information about the environment of a home in which a child could be placed." These changes would have increased the odds that issues would be resolved in a case where a Conway man attempted to have his daughter returned to him from a New York foster home. This man's case has been going on for over two years.

According to an article from The Sun News, "National reformers don't believe the changes go far enough because there is no independent appeals process, something they have argued is necessary in every state, particularly in cases involving biological parents. Federal officials who oversee the Interstate Compact on the Placement of Children (ICPC) have said constitutional concerns, including the rights of parents to raise their kids, were not a priority when it was first implemented."

The article also states that "Most states don't have an independent ICPC review process, which is why most parents involved in such cases cannot go to a Family Court judge to dispute the findings of DSS. That places a higher level of power in the hands of a case worker than is the norm in other types of child protective cases."

If you or someone you know needs to hire a good family lawyer, please call one of the Myrtle Beach family law attorneys at The Mace Firm.

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May 26, 2011

Arnold Schwarzenegger's Divorce

Arnold Schwarzenegger and his wife of 25 years, Maria Shriver, are about to start divorce proceedings very soon. Recently, rumors started surfacing accusing Arnold of having an affair and fathering a son with former housekeeper Mildred Baena. Although Arnold and Maria have a prenuptial agreement in place, it may be considered void due to his infidelity and the duration of their marriage.

The housekeeper was once married, and her now ex-husband thought the child belonged to him! Due to the fact that Schwarzenegger kept the child a secret from so many people for such a long time, the public may now view him as a liar. His family feels very betrayed, so much so that one of his sons has dropped his dad's famous last name and changed it to his mother's last name.

Schwarzenegger and Shriver have assets estimated between $200 million and $400 million. They will likely share that sum evenly. They will also likely need to hire a family law attorney to move forward with their divorce.

If you or someone you know is considering a divorce, please call one of the Myrtle Beach family lawyers at The Mace Firm.

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May 16, 2011

Botox Mom

San Francisco's Kerry Campbell, also known as the Botox Mom, has reportedly lost custody of her 8-year-old daughter. Campbell admitted that she gives her daughter the anti-wrinkle injections to help her win a beauty pageant. According to TMZ.com, "Campbell went on Good Morning America and told the world she gave her daughter the injections herself." Whats even more disturbing is that the daughter has already told people that she is looking forward to having a nose job and breast augmentation so she can become a star sooner! Campbell is now under investigation by Child Protective Services.

Even though San Francisco's child protective services intervened in this high-profile case, it seems there are no criminal laws specifically prohibiting these types of procedures for children, as the industry is self-regulated. This investigation doesn't necessarily mean that Campbell will lose custody of her child for a long time. Campbell may be able to regain custody by meeting certain conditions such as a parenting class, counseling and supervised visits.

If you or someone you know is involved in a child custody lawsuit, please call one of the family law attorneys at The Mace Firm.

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May 9, 2011

Khloe and Lamar

Due to a recent Lakers loss, Khloe Kardashian and Lamar Odom's reality television show is under scrutiny. On-lookers are commenting that the show is having a negative effect on Odom's performance on the basketball court. MSN.com reports, "After a crushing loss to the Dallas Mavericks, ending the Lakers' run in the playoffs, Odom was specifically criticized for his uncharacteristic foul against the Mavericks' Dirk Nowitzki. Odom previously told the Los Angeles Times that the reality show demands were extremely tough but that his life was too boring in the off-season to warrant a camera crew."

Lets not forget what happend to Jessica Simpson and Tony Romo of the Dallas Cowboys. Although the two weren't married, Simpson was blamed repeatedly for Romo's slip-ups on the football field. It seemed as though he was too love-struck to make any plays!

What if Odom decides to withdraw from the show? That may cause a problem in his marriage. Since the pair only dated for a month before tying the knot, it wouldn't surprise anyone if they ended their marriage just as quickly. If they did split up, both of them may need a good divorce attorney. If you or someone you know is ready to get a divorce, please call one of the Myrtle Beach family law attorneys at The Mace Firm.

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May 4, 2011

South Carolina Family Court

South Carolina was the last state in the US to allow divorce. In 1969, this state decided to allow a couple to get a divorce if they have lived separate and apart for at least three years. Ten years following that, the time period was amended to one year. Getting a divorce does not always mean that you will have to go to court. When a settlement is impossible, they will typically take their case to trial. A trial in family court requires that a judge hear witnesses and receive evidence from the plaintiff and the defendant. Depending on the complexity of the issues in the case, a trial may last only one day or up to several weeks.

After trial, the divorce attorney will prepare proposed orders for the judge. Until the final order and the decree of divorce are issued, the parties involved will remain under the temporary order. If someone is dissatisfied with the final order, they have 30 days to appeal it. A family law appeal is a lengthy process which includes more costs and work for everyone involved..

If you or someone you know needs to hire a good family law attorney, please call The Mace Firm.

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April 29, 2011

Child Support

If you think you're free from paying child support when your children turn 18, you may be wrong. Special circumstances allow child support to be extended into their adult life if they choose to go to college. A family court judge can require a parent to pay the necessary money to help the child pay for tuition, room and board, and other college expenses. The court will consider the availability of loans and grants the student may be eligible to receive. In addition to that, whether or not the child earns any money themselves will also be taken into consideration.

An important fact about child support and college is that this issue only arises when the child is ready to go to college. The court cannot order a parent to save for college. Another important note is that if the parent moves out of South Carolina, they may not be required to contribute to the child's college expenses.

Child support guidelines are based on the concept that children should reveive the same proportion of parental income they would have received had their parents lived together. If you or someone you know is going through a divorce and has concerns about child support, call one of the family law attorneys at The Mace Firm.

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April 21, 2011

Michael Douglas

Months ago, news reports revealed that Michael Douglas' ex-wife felt she was entitled to some of the funds earned from his movie, "Wall Street: Money Never Sleeps." PRNewsChannel.com reports “The only way Diandra should get any money is if a settlement agreement gives her those rights,” says Melcher. “She shouldn't be entitled to keep going back to the well for more money just because a sequel was made, unless that right was specifically awarded to her in the judgment.”

Sometimes, "bitterness and jealousy can keep exes on the lookout for ways to go back to court. They want to inflict pain on their former spouse or they may feel cheated and hope to get the money they think they should have received when the marriage ended." Apparently, Diandra Douglas, the ex wife, does not have very good timing considereing Michael's recent battle with throat cancer. The website also reports that "legally, it doesn’t matter. But cases aren’t always decided on the law. The sympathy is with Michael and that may very well have an influence on how the judge decides the case.”

Luckily, the two parties involved in this matter have good divorce lawyers to help them settle the issue. If you or someone you know is involved in anything like what Douglas and his ex-wife, you may need a divorce attorney as well, please contact one of the Myrtle Beach family law attorneys at The Mace Firm a call.

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April 15, 2011

Jen Sterger Speaks Out

Last year, NFL quarterback Brett Favre was accused of sending suggestive text messages to a New York Jets employee, Jen Sterger. Apparently, Favre asked another Jets employee to ask for Sterger's phone number. Allegedly, Favre then proceeded to send her text messages, even texts with inappropriate photos of himself. Favre was eventually fined by the league for failure to cooperate with the investigation surrounding this matter because he would not reveal any incriminating information. We also never heard any statements from Favre's wife. Sterger was quiet about the situation as well, until now.

Sterger's interview will air on Good Morning America and Nightline. According to FoxSports.com, Sterger reports that she "was approached one day at the beginning of the preseason games, by a man wearing a Jets badge, employee badge, who asked [her], 'How would you feel if Brett Favre asked for your phone number? What would you say?''' And I just looked at him, my usual smartass self. And I said, 'I'd say I like my job an awful lot. And I've been told I look remarkably like his wife.'''

Sterger did not make any money off of this scandal, nor did she intend to. With regard to money, Sterger said that she hasnt made a dime off anything. "Not from the pictures. Not from Favre. I never wanted to sue anyone. That was never an intention of mine. I'm not a gold-digger. The only way I wanted to make my money this whole time was to just have a job.''

If there is any truth to what she is saying, it could mean that Brett Favre should be looking for a divorce lawyer. His wife may choose to separate or get a divorce. If you or someone you know is married and involved in a scandal like the one involving Brett Favre, call one of the family law attorneys at The Mace Firm.

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April 7, 2011

Teenage Families

Although the occurance of teen pregnancy has declined recently, there are still many underage girls getting pregnant. According to the Centers for Disease Control and Prevention, there has been a 37% drop in teen births over the past two decades. This is great news, but states in the South still have teen pregnancy rates that are too high.

Television shows such as '16 and Pregnant' and 'Teen Mom' may help young people realize that having a child is no walk in the park. It takes a lot of hard work and having a strong support system is key. What if you're a teen mother and your child's father is not in the picture? What rights do you both have? Should the father have to pay child support?

These are all questions you can ask a family law attorney. If you or someone you know is faced with these dilemmas as a teen mom, you should call one of the Myrtle Beach family law attorneys at The Mace Firm.

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March 23, 2011

Cheating and the Internet

The Internet is a great place to meet people and stay in touch with old friends, but it can also be a place for married couples to get themselves into some trouble. These days, if someone wants to have a relationship outside their marriage, all they have to do is go online. There are even websites specifically geared towards men and women who want to cheat on their spouses, and even more disturbing, websites that appeal to singles looking to have a relationship with a married person. To make matters worse, a large percentage of women and men don't know and never find out of their spouse's infidelities.

The statistics surrounding internet cheating, and even cheating in-the-flesh, are alarmingly high. Besides the internet, there are a numerous amount of places people could seek to have an affair such as at their office or place of work, at the gym and even at the grocery store, to name a few. Studies done by many different resources have reported that 60% of married men are likely to cheat on their wives along with 40% of women. If the cheater ends up leaving their spouse for the other person and get married, the chance of the two getting a divorce is as high as 75%!


If you or someone you know has a cheating spouse, you may want to consider hiring a Myrtle Beach divorce attorney at The Mace Firm.

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March 18, 2011

Married in South Carolina

You may wonder the reason why couples get married. Truth is, there is more than one reason they may do so. Hopefully the main reason is that they're in love and want to be together for the rest of their lives. When two people want to get married, they must make a decision on whether they wish to have a statutory or common law marriage. South Carolina is one of the few remaining states that still recognize common law marriages The differences between common law and statutory marriages are based on requirements. Common law marriages do not require a ceremony or a license. This type of marriage also requires that the two people reside together and must publicly represent themselves as being married. The couple can publicly represent themselves as married by filing joint tax returns, having a joint bank account, or list eachother as husband and wife on children's birth certificates. The only way to create a record of a common law marriage is to have two or more people who have knowledge of the couple's relationship file an affidavit in the county the marriage was contracted.

Unlike common law marriages, statutory marriages require a license and a ceremony. Statutory marriages are beneficial due to the fact that a record of the union is created, which may become helpful if there is a death or divorce. South Carolina law recognizes marriage as an economic partnership. Usually, assets acquired during the marriage belong to both the husband and wife.

If you are interested in a common law marriage instead of statutory, you must take steps to protect yourself in case the union ends due to death or divorce. You must have the affidavits filed and you must always keep a record of personal documents and anything that has both spouses' name on the documents. If your marriage, common law or statutory, is ending in divorce, it may be in your best interests to hire a family law attorney to give you the advice or assistance you may need to get through this difficult time.

If you or someone you know is terminating their marriage, contact one of the Myrtle Beach family law attorneys at The Mace Firm.

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March 9, 2011

Adultery

There are many reasons people end their marriages, but one of the most common grounds for divorce is adultery. I'm sure we all know someone who was involved in or is currently in a marriage that has been effected by adulterous behaviors, whether it be in real life or on television. You may wonder what steps to take if you suspect your spouse is cheating. You may also want to know how the law handles adultery in your particular state.

If you suspect your spouse is having an affair, you will want to make sure you have proof before you confront him or her. You may even need to hire a private investigator to follow your spouse and catch them behaving inappropriately with the other person. If you wish to file for divorce after you have solid proof your spouse has cheated on you, you may need to hire a family law attorney.

According to the third edition of Marriage and Divorce Law In South Carolina, "proof of adultery must be clear and positive." Required evidence includes proof that your spouse was with someone else holding hands, kissing, or engaging in other conduct that would lead an onlooker to believe that that the two are romantically involved. Surprisingly, adultery is punishable by a fine or even jail time, but "prosecutions for the crime are almost never undertaken and the Solicitor for each judicial circuit has the discrection to decide whether to prosecute someone for committing adultery."

If you or someone you know suspects their spouse of cheating or has proof their spouse has engaged in adulterous behaviors, contact one of the Myrtle Beach family law attorneys at The Mace Firm.

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March 4, 2011

Facebook

This week I watched a Family Court Judge rule Facebook accounts to be “shut down,” because “children don’t need to be on Facebook.” While I agree that children and social media should be monitored and regulated, I must believe that a parent is most equipped for such and that no amount of “shut down” will stop a determined tech-savvy someone from doing just about anything online.

So what is this attack on Facebook really about? An article was published this week by ScienceBlog.com that Facebook is now linked to one out of every 5 divorces in the US, according to a study by the American Academy of Matrimonial Lawyers. That’s divorces; that doesn’t even count the child custody and visitation cases. It isn’t that Facebook is inherently evil or intrusive. It is a tool for people to connect to one another, just like a cell phone or an email account. It is all about how you and your family use and regulate its use in your home.

If you are in the midst of a divorce and child custody matter you have probably already investigated into your partner’s Facebook account or online presence. You can glean valuable information for preparing your case just by digging around online, just as you can by viewing their phone records, text messages, or emails.

If you are in the midst of a divorce or contemplating filing for divorce or custody, contact a South Carolina family law attorney to assist in all your family law needs. We will help you uncover the truth and build a strong case to protect yourself and your interests.

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March 3, 2011

Trouble in Tinseltown

It is hard to get on the internet without coming across an article about the latest celebrity divorces. The most recent involves Ashlee Simpson-Wentz and Pete Wentz, who announced their plan to divorce this week. The couple have one child resulting from their marriage, a son, Bronx, who is now 2 years old. There are minimal reports of conflict between the couple leading up to the announcement of their split. According to E!, "Ashlee is seeking joint legal custody but sole physical custody of Bronx, with child visitation rights for Pete. She is also seeking spousal support and is asking to restore her name to Ashlee Simpson."

Another newly-divorced couple is Kelsey and Camille Grammar. The Grammar's have been married since 1997 and have two children together. Kelsey and Camille also shared a property which has an estimated value of $20 million. According to MSN.com, "[the couple] will settle financial issues at a later date." To add to the drama, there are rumors that infidelity played a role in the split since Kelsey is now reporting that he plans to marry his new girlfriend sometime in February.

There are many things that must be considered before filing for divorce including, but certainly not limited to, residency and filing requirements, counseling and mediation requirements and determining child custody or child support. It is hard to imagine all the work that goes into filing for divorce when celebrity gossip makes getting a divorce seem like a quick and easy process. Unfortunately, that is far from the truth. In reality, a lot of time and emotional energy will be spent during and after your divorce, especially if there are children involved.

Break-ups are extremely difficult to get through on your own, whether you're a celebrity or not. This is the time when it is appropriate to get a divorce lawyer involved. If you are in need of a family law attorney to handle your family law case, call The Mace Firm today.

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December 17, 2010

Shopping for an Attorney

Tis the season for shopping, and every good shopper knows that there is a right and a wrong way to shop. Good shoppers clip coupons, are courteous and sincerely search high and low for the perfect purchase. They are discerning, educated, and seek the perfect balance of quality to price.

These shop savvy individuals, people just like you and me, may reach a season in their life that requires them to shop around for a skilled attorney; someone that can wisely counsel them through a divorce, an appeal, a custody case, or visitation.

While we at The Mace Firm offer all of the above services and more, we encourage you to shop around. This is a very vulnerable time in your life and choosing the right family law attorney is crucial.

As smart shoppers already know, there are some rules of conduct when calling around for counsel. First, do not expect to get a hard and fast price quoted to you over the phone. Law, like life, is complicated. Your simple uncontested divorce, no matter how hard you try, is never as simple as it seems. Most attorneys will want to meet with you for an initial consultation so that they can get a more accurate picture of your present scenario. Initial consults are typically one hour of an attorney’s time. At The Mace Firm, appeal consults, criminal and personal injury are all free consultations. For family matters and matters of immigration, the hour initial consult fee is 40% less than the attorney’s hourly rate and can be scheduled as phone conferences if needed. It is during this consult that the attorney will evaluate the particular circumstances of your case and quote a retainer fee to secure representation.

At this point, a smart shopper goes home to think it over, maybe calls around, and perhaps even consults another divorce attorney. A very smart shopper calls us back. Even if a month or more has passed, when you are ready to proceed we are ready to help you through.

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November 15, 2010

Public Service Announcement for Parents

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.

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November 8, 2010

Famous Folks in Family Court

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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October 11, 2010

Don't Be a Dead-Bolt Dad (or Mom)

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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July 23, 2010

Is Getting a Divorce without an Attorney Smart?

Getting a divorce without an attorney can be done, but is usually not a good idea. If you have only been married for a short amount of time and have no assets, children or significant debt, then not having an attorney through a divorce may work. If you try to get your divorce without an attorney and you have any of these things, you should atleast consult with a divorce attorney so that you have an idea of all the potential issues. The problem is that most people do not know the laws of the South Carolina. There could also be an issue of someone hiding money or assets. Additionally, most people going through a divorce are emotional and when people are emotional they are usually not objective.

If you know that divorce is in your future or even in your present, please call The Mace Firm to schedule a consultation with one of our divorce attorneys. Our family law attorneys are here to guide you through every step of your divorce.

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July 1, 2010

Tiger Woods Divorce

News is spreading about the upcoming divorce for Tiger Woods. A British tabloid, The Sun, is reporting that there is a possible settlement on the way for Tiger Woods and his wife prior to any divorce being filed for in Orlando. The tabloid is reporting that Elin Nordegren will receive around $750,000.00 from the divorce and half of the properties. Tiger Woods had a perceptual agreement with his wife that capped her pay out after a divorce. The agreement is most likely valid, but does not cover Elin's ability to tell her side of the story. Elin has made no public comments about Tiger's infidelities. Tiger's divorce attorney and Elin's divorce lawyer will make the final agreements to keep this case out of the public eye. Elin will most likely sign a confidentiality agreement with the settlement. This will protect Tiger's future earning potential.
By all accounts Tiger has decided that he will not try to salvage his marriage and he will move forward without his wife at this point. This is not uncommon for men with this amount of financial resources. A divorce is always more difficult for one party. in this case it will be Elin. She gets a large payout, but may be embarrassed for the rest of her life because of the cheating. Our divorce attorneys in Myrtle Beach have experience handling large settlements and the need to keep the case as low profile as possible. Call our office to speak with a divorce lawyer in Myrtle Beach.

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May 14, 2010

What are Grounds for Divorce in South Carolina?

There are five grounds for divorce in South Carolina. They are adultery, habitual drunkeness, physical cruelty, desertion, or living separate and apart for atleast one year. The first four are when someone is at fault for the divorce and the last is grounds for a no fault divorce. At fault divorces have to be proven with some kind of documentation.

If you are dealing with any of these situations, please contact one of our family law attorneys in South Carolina to set up a consultation at 843-839-2900.

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