4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
A family law case can alter you and your family’s lives, so it is understandable that they are very emotionally heightened and stressful legal cases. Cases like divorce, separation, or child custody determinations are particularly difficult for families who are making a hard but necessary decision. If you are about to begin a family law case, it’s essential that you’re prepared for the process. By contacting and working with a family law attorney, you can avoid a lot of the stress in a family law case and feel confident that you understand how the law impacts your family. An attorney can help you make informed decisions and find the ideal legal route for your family.
At Axelrod & Associates, we know how much is at stake in your Longs, SC family law case. We have helped families in our community for many years, guiding them through this difficult time. We want to help you understand your legal options for a divorce case, custody case, or other family law case. Every family is different, and every case is going to have its own challenges and unique needs. Our firm has over 100 years of experience in various fields of law, and we want to use this legal knowledge to serve the specific needs of your family.
When you work with our legal team, we help you make informed decisions by giving you straightforward advice regarding your legal options and what may be easiest for your family. For many families, a divorce or separation case can be resolved through mediation in a less stressful way. Our attorneys can help with mediation, but if a resolution can’t be found this way, we can represent your interests in court.
Many family law cases are part of divorce or separation cases, but they can also be handled independently. Family law cases include:
No matter the kind of family law issue that you are dealing with, the services of an experienced attorney can be invaluable for simplifying the legal processes involved.
Divorce is an incredibly common but exhausting family law case. If you and your spouse agree on aspects of your separation agreement, such as property division and spousal support, our attorneys can help you draft and review the agreement to submit to the court. An attorney can also mediate between spouses to create a separation agreement that attempts to meet both your needs. If litigation is required, you want an attorney who can protect you and your family’s interests in court.
South Carolina is an equitable distribution state, meaning that marital assets are split between spouses equitably and not necessarily equally. Marital assets are any assets gained throughout the duration of your marriage, with some exceptions. If you and your spouse have to go through litigation to split your assets, the court will review several factors about your marriage to determine an equitable split of assets.
Court decisions regarding children are based on the child’s interests above anything else. Custody is divided into physical and legal custody. Each type of custody can be provided to both parents through joint custody or only to one parent as sole custody. Parents can either work together to create a custody and visitation schedule that benefits their child, or the court will create one for them. The court considers it to be in the child’s interests to spend time with both parents unless proven otherwise.
Child support is determined based on the amount of custody each parent has, the income of each parent, and the financial needs of the child. Both parents have a responsibility to financially support their child.
A: The cost of a family law attorney relies on several factors, including:
Some types of family law cases, such as one-time filing services, will be charged a flat fee. Other family law cases will be charged at an hourly rate. The average hourly cost of family law attorneys is $256 in South Carolina. Talk with an attorney about their fee structure before you work with them.
A: A child can only choose where they live when they are no longer legally children and reach the age of 18. Before then, the judge in a custody case will consider a child’s wishes when determining custody and visitation. The judge isn’t required to follow a child’s preference, but they may when determining their interests. If a child’s wishes contradict what the court considers their interests, the court will not listen to their preference. The closer a child is to the age of 18, the more likely the court is to listen to their wishes.
A: True 50-50 split custody is rare and often unrealistic. The court will always choose a custody and visitation arrangement that is in the child’s interests. South Carolina courts believe it is in a child’s interests to spend meaningful time with both parents, and they favor joint physical and legal custody arrangements for this reason. However, joint custody does not always translate to a 50-50 split, and it will depend on a family’s unique situation, such as how close to each other the parents live and how well they are capable of co-parenting.
A: The Tender Years Doctrine is a now-abolished legal presumption in South Carolina. Under this doctrine, the court had a legal assumption that a child under the age of 4 should be under the custody of the mother. This is no longer the case in South Carolina. The gender of either parent has no bearing on how custody is assigned to a child of any age. Instead, the ability of each parent to care for their child, the child’s age, and other factors are used to determine custody and visitation.
When you need experienced legal support during a family law case, contact Axelrod & Associates. It’s our goal to protect your family and your interests during a family law case.
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