Although divorce and other family law problems are common, that does not make them any easier for the people involved. At our Charleston law firm, our attorneys are dedicated to relieving the pain and anxiety associated with divorce. We want you to be able to move on with your life. Strong support and knowledgeable representation makes this possible.
Helping clients get through their divorce
At Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith P.A., our lawyers know that people involved in divorce and other family law disputes are hurting. They get angry. We work to address their fears, propose realistic solutions to problems and steer them away from using the legal system to take revenge on the other party. Because we have handled so many divorces, we are skilled at limiting the stress involved.
Family law issues
Our attorneys handle all legal matters associated with divorce, such as:
Representing clients in modification proceedings
We also represent clients after the legal proceedings are complete and the court has issued the final decree. An already-divorced client may still need representation. Most of the matters determined in a divorce proceeding can be modified later if circumstances change. Child custody and support modifications are common. Alimony modifications are also possible unless the parties have waived alimony. The court looks at modification requests when circumstances change significantly. These can include income increases or decreases brought about by a job change, health changes, remarriage or relocation. Our firm helps clients petition the court for a modification or represents them when opposing a modification.
Division of marital property
South Carolina is an equitable distribution state. This means that divorcing couples must divide their marital property equitably, rather than equally. Many factors go into determining an equitable distribution. At our Charleston, South Carolina, law firm, we advise clients on this matter, making sure their interests are protected.
Equitable vs. equal
At Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith P.A., our attorneys know that conflict over the division of marital property is always possible. We educate clients about their options and their rights. Although the court tries to divide marital assets equally, it is not always appropriate. Our lawyers ensure that clients are advised fully when their situation requires a distribution that deviates from the norm. We make sure their assets are protected.
Marital vs. non-marital property
It is important to distinguish between marital and non-marital property. However, there are circumstances where marital and non-marital property was mingled or transmuted. It is important to speak with lawyers who are able to untangle the different types of property and correctly categorize it.
Identifying marital property
Marital property is assumed to be anything acquired during the marriage. In addition to houses and cars, marital property can include art works, pension plans, life insurance, 401Ks, furniture and bank accounts. It can also include businesses, investment real estate and stock accounts. It also includes marital debt. In some cases it is necessary to use investigators, appraisers and accountants to be sure that all property is included. We work with such specialists regularly.
Factors that go into marital property division
Once property is accounted for and classified, it needs to be divided according to the law. The court uses many factors in determining equitable division. These can include the length of the marriage, the existence of a prenuptial agreement, payment or receipt of child support or alimony, and special health or education needs that can be addressed through property distribution.
If you are thinking about a divorce or your spouse has indicated that he or she wants a divorce, it is important to obtain legal advice as soon as possible. We can guide you through the process and will represent your best interests in any family law matter. Contact our Charleston family law attorneys. Call (843) 723-7491.