In addition to mediation, our attorney, Kathy Hubbard practices family law in the Charleston area. She focuses primarily on divorce and custody.
Divorce
If you are involved in a divorce, you will be trying to get an agreement with your spouse on the following key issues. If you do not have children, many of these will not apply to you. Kathy is an expert at helping you through these issues.
Marital Property & Debts
Marital property, which is property acquired during the marriage, must be divided between the spouses. This includes assets such as the marital home, bank accounts, investments, and other property.
Debts incurred during the marriage, such as credit card debt and loans, must also be divided between the spouses.
Alimony or Spousal Support
One spouse may be required to pay alimony or spousal support to the other, depending on various factors such as the length of the marriage, the earning capacity of each spouse, and other relevant factors.
Child Custody
If you have children, you must come to an agreement on custody and visitation arrangements, or the court will make the decision on your behalf.
Child Support
One parent may be required to pay child support to the other parent to help cover the costs of raising the children. The amounts paid are generally specified via a child support calculator program that takes into account factors like income, number of children, etc.
Insurance
Decisions must be made about who will provide health insurance coverage for the children after the divorce.
Life insurance may be required to ensure that child support and alimony payments continue in the event of the paying spouse’s death.
Retirement Accounts
Retirement accounts, such as 401(k)s and pensions, may need to be divided between spouses. A specialist may be required to make the calculation on how to split these accounts fairly.
Taxes:
Decisions must be made regarding how to file taxes and how to handle tax liabilities or refunds.
Business Ownership
If one or both spouses own a business, decisions must be made about how the business will be valued and whether it will be divided or sold.
Real Estate
Decisions must be made about whether to sell or keep any real estate owned by the couple and how the proceeds will be divided.
Personal Property
You will need to divide up all of your personal property. such as furniture, artwork, and other possessions. Cars should be titled separately.
Custody
Here are some of the most common issues that come up in custody disputes:
Legal & Physical Custody
Legal custody refers to the right to make important decisions regarding the child’s welfare, including education, medical care, and religious upbringing. The court must decide whether one or both parents will have legal custody of the child.
Physical custody refers to where the child will live. The court must decide whether one or both parents will have physical custody of the child.
The court must decide which parent will have the authority to make important decisions regarding the child’s welfare. The major areas of decision-making include education, religion and medical care.
Visitation/Parenting Schedule
Visitation, also known as parenting time, refers to the schedule of when parents will spend time with the children. A detailed and specific visitation schedule should be set up. A formal schedule is in the best interest of all parties.
Child support
The non-custodial parent may be required to pay child support to the custodial parent to help cover the costs of raising the child.
Relocation
Your custody agreement should address the case where one parent wants to move away with the child or children. How it will affect visitation and other aspects of the arrangement? Should moves be limited without the consent of the other spouse?
Dispute Resolution
How will disputes be handled as they may come up in the future? Will each dispute be handled through the family court if the parties can’t agree? Or will you use mediation or arbitration?