Myrtle Beach Legal Blog

Everyone knows that a "will" is the document that says who gets your property after your death - but what is a "simple will?"

"Simple will" is not a legal term - it's just a way of saying that you do not have a complex estate, there are no tax issues that you need to resolve in the will, there are no trusts that need to be created to accomplish your goals, and there are no legal issues like how to protect a disabled child or family member's assets after your death.

When is a simple will enough to accomplish your goals, and when do you need a "complex will?"

Will the court order your spouse to pay your attorney fees in a SC divorce or other family court case? What if the divorce was their fault?

In some cases, the family court can order payment of attorney fees, but it is not automatic - you must ask for it. There are factors that the court must consider, first to determine whether you should be awarded attorney fees, and then to determine how much of the attorney fees the court will order your spouse to pay.

Below, we will take a look at what SC law says about when the court can make your spouse pay your attorney fees - and - how the court decides whether your spouse should pay all or part of your attorney fees.

What does "hand of one is the hand of all" mean?

It's a concept that is often misunderstood, sometimes even by attorneys and judges. It's a dangerous concept that can result in a person being convicted of a serious crime when they - technically - didn't commit the crime themselves...

Below, we will discuss what "hand of one is the hand of all" means under SC law, what it does not mean, and a recent SC Supreme Court opinion where a voluntary manslaughter conviction was overturned because the trial court got it wrong.

Can you get the family court to set aside a divorce decree on grounds of fraud?

What if your spouse sends the divorce complaint to the wrong address and then serves the complaint "by publication" using your maiden name instead of your married name, so your spouse can avoid questions about his second, bigamous marriage and so he can avoid dividing the marital property with you?

Those were the allegations in Sanders v. Smith, decided August 26, 2020, where the Court of Appeals found 1) that there was sufficient evidence to support the family court's denial of the Wife's request to set aside the divorce decree, but 2) the Husband committed fraud on the court by alleging in his complaint that the parties had already divided their property, and so the Wife should be permitted to ask for equitable division of the marital property.