Divorce & Family Law
The Foster Law Office, LLC has significant experience representing clients in divorce, child custody, child and spousal support litigation matters, and adoptions. We frequently handle complex matters involving such issues as high-income marital estates, sexual abuse cases, alimony issues, and cases involving decree modification and relocations. We understand that family law disputes are often among the most emotional and painful experiences a person may face, and are devoted to helping you navigate this process, ensuring that your rights are fully protected at every step.
At the Foster Law Office, we are proud of our ability to successfully resolve the majority of domestic litigation cases through mediation or settlement. However, when reaching an amicable agreement is not possible, we use our skill and experience as litigators to protect your interests at trial. To speak with an attorney about your domestic case, contact us today.
Divorce
Under South Carolina's Domestic Relations Code, you can file for divorce without needing any other reason than having lived separate and apart for at least one year. After you file, there is a 90-day waiting period before the divorce can become final. The length of time your divorce might take depends heavily on the circumstances present in your particular case and whether you can come to an agreement on the terms of the divorce. At the Foster Law Office, we do everything we can to ethically guide you through the process and finalize your divorce as quickly and efficiently as possible.
Complex Property Division
South Carolina law provides that marital property should be equitably distributed, with the court using 15 factors to determine what is equitable. As your attorney, we will make sure you receive all of your interest in the marital estate. Marital property refers to all real and personal property which has been acquired by the parties during the marriage regardless of how title is held, including gifts made from one spouse to the other and owned at the time the divorce was filed. Each spouse keeps his or her own nonmarital property, which includes property obtained before marriage, or through inheritance, gift, or contractual agreement. Sometimes, nonmarital property can become transmuted into marital property and you need a good family law lawyer to help you find out when this has happened.
Our attorneys have significant experience handling cases involving high-income spouses, large estates, and contentious property and custody disputes. These situations require attorneys with a thorough understanding of the applicable laws and case precedents who are committed to dedicating the time and attention necessary to achieve a favorable result.
Modifications and Relocation Cases
Sometimes it might be necessary to modify the divorce decree. This occurs most commonly when one spouse remarries, moves away, or has a change in financial circumstances.
- South Carolina courts can modify custody arrangements custody, support & visitation any time that a substantial change in circumstances has occurred which impacts the overall best interests of the children.
- A party may be able to seek to modify the alimony order where the "circumstances of the parties or the financial ability of the spouse making the periodic payments" has changed.
- If the original order is modified the custodial parent can ask the Child Support Enforcement Division to review the child support order every three years.
Sometimes it might be necessary to modify the divorce decree. This occurs most commonly when one spouse remarries, moves away, or has a change in financial circumstances.