Family Law

Divorce

Divorce is one of the toughest things a person experiences in life. Jason Elliott Law Firm can help you through this difficult process by protecting your interests with an emphasis on reaching a settlement that’s favorable to you. Divorces can include asset and debt division, alimony, child support, visitation and attorney’s fees. Should your spouse refuse to accept a fair and reasonable settlement, we’re ready to fight for you in court.

Separation

In South Carolina, a legal separation is called a Decree of Separate Support and Maintenance. A person often obtains a legal separation when he or she lacks the legal grounds to get divorced. You are required to separate from your spouse in order to seek and obtain this decree. You can obtain an order dividing your assets and debts, establishing alimony, child custody, child support, visitation and receive attorney’s fees through this process. While a couple can live the rest of their lives legally separated, you always have the right to file and obtain a divorce once you have been separated for one year.

Child Custody and Visitation

Determining child custody and visitation is often the biggest challenge couples face when divorcing or separating. Jason Elliott will work with you to obtain a result that is in the best interest of your child or children. You should be prepared to work with your child’s mother or father to negotiate a settlement regarding the best interest of your child or children. If the other parent is unreasonable or disregards what is best for your chid or children, we’re prepared to protect them in court.

Jason Elliott also helps with paternity, child custody, visitation and support for children born to unmarried parents. We fight to assert the rights of an unmarried parent and seek a resolution that is in the best interest of your child.

Child Support

Child support is generally calculated pursuant to the South Carolina Child Support Guidelines. The factors which most often determine the amount of child support include each parent’s gross income, work-related child care costs and health insurance premiums paid for each child. The number of overnights with each parent can also impact the amount of support. Determining child support can be complicated if one or both parents is self-employed. Jason Elliott will work to establish child support in your case that is fair to you and your child or children.

Alimony

Alimony is one of the most complicated aspects of family law in South Carolina. Each case is different and alimony depends upon the specific facts and circumstances of your case. To help you with the alimony, you need an experienced divorce lawyer. Unless you reach an agreement with your spouse, it is solely up to a Family Court judge to determine if one spouse will pay alimony to the other, and in what amount. Significant factors that determine the If one spouse will pay alimony to the other include the fault of either party in the breakup of the marriage, the income of you and your spouse, the length of your marriage and each party’s health and education.

Division of Marital Assets and Debts

In South Carolina, in a divorce or legal separation, a couple’s marital state generally consists of the assets acquired and debts incurred from the date of your marriage that exist on the day you or your spouse files for a divorce or separation. The marital estate includes real property, personal property, financial property, and other retirement accounts. The method of dividing your marital estate is called Equitable Distribution. Generally, the assets and debts are divided regardless of whether they are in one spouse’s name or jointly owned. 

Unless you and your spouse reach an agreement on how to divide your marital estate, the Court will divide the assets and debts based upon each party’s direct and indirect contribution towards acquiring the assets and incurring the debts. There are many factors that the Court considers in dividing your marital estate. To reach the settlement you deserve, you need an experienced Family Law attorney on your side.

Modification of Prior Orders

Unfortunately, many people who are divorced or separated find themselves back in court, having to deal with changing a prior court order. In South Carolina, child custody, visitation, child support and certain aspects of alimony can be changed under certain circumstances. Our team is skilled and experienced in bringing and defending actions to modify prior court orders.

Enforcement of Court Orders

A contempt action often results if a person fails to follow a Family Court Order. If a Court rules that a person willfully violates an order the result can be jail time, a fine, performing community service, and/or paying the other party’s legal fees. Jason Elliott can help you if the other party violates a Family Court order or if you are facing a contempt action.

Name Change

If you seek to change your name, Jason Elliott Law Firm can represent you. A Family Court order is required to change your name, and a name change can be obtained as part of a divorce or legal separation. While more difficult to change your name in a separate legal action, our team is experienced in handling all matters related to name changes.

Grandparent and Third Party Rights

Grandparents and others who have cared for and provided financial support for a minor may seek a court order granting them custody and visitation with the child in certain situations. If you have been unfairly cut out of the life of a child you love and for whom you have cared and supported, contact us today.