Which type of divorce is best? Should I get a no-fault divorce?
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Family Law Attorney in Hilton Head Island, SC
People in today's society often don't see eye-to-eye on controversial topics, especially with the prevalence of social media platforms and discussion forums. But if there's one thing that most folks can agree on, it's that everyone's family is unique. Each member has their own journey, filled with changes, challenges, and life-changing circumstances. Sometimes, those events are joyous and worth celebrating, like graduating from college or having a new baby. Other times, those events can cause frustration and grief, like messy divorces.
If you're trying to keep your life together while dealing with a complex child custody case or contentious divorce, chances are you're hurt and confused. You probably have big questions about the future. You're wondering what's going to happen to your marriage, your children, your career, and more. You're over-stressed and in need of a strategy to resolve it. In times like these, relying on the compassion and expertise of a family law attorney in Hilton Head Island, SC, can turn what seems like a hopeless situation into a much more manageable experience, given the circumstances.
At Cobb Hammett, LLC, we're acutely aware of the hardships that come with changes to your family dynamic, such as tension and emotional turmoil. Our team of family law attorneys is available to assist you in navigating these challenges and providing guidance on the most effective approach to your case. That way, you can move forward with confidence, and look ahead to a brighter future.
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Cobb Hammett, LLC: A Family Law Firm You Can Trust
At Cobb Hammett Law Firm, our family law attorneys have decades of combined experience serving the needs of families, from divorce proceedings and alimony issues to family formations and adoptions. While every one of our family law clients has unique needs and circumstances, they all rely on our law firm for personal attention and a responsive family law lawyer in Hilton Head Island, SC. If you require zealous representation and a time-tested approach to family law, we're here to help.
As a full-service family law firm in South Carolina, we're proud to serve a wide range of clients: men and women, husbands and wives, business owners and executives, and just about every type of person in between. When they come to us, they're often distraught, confused, and anxious about the steps ahead. We consider those issues and make it a point to provide compassion and advice on the best possible approach to their situation or case. That way, they can rest easy at night knowing we have their back, no matter what hurdles may lie ahead.
Unsure whether you need to speak with a family law attorney? Ask yourself this:
- Do you plan on getting married?
- Do you plan on getting a divorce?
- Has your husband or wife served you with a Summons from the State of South Carolina?
- Are you struggling because you or your children do not receive adequate support?
If your answer to any of those questions is in the affirmative, it's time to give our family law firm in South Carolina a call today. Though time is often of the essence in family law matters, our team would be happy to sit with you to review your situation and provide an easy-to-understand roadmap for your legal future.
South Carolina Divorce 101
Divorce is a difficult decision for anyone, whether it's you or your partner who initiates it. It's a painful experience that can leave you feeling shattered and alone in the dark. When you made your wedding vows, you did so with the intention of being together for life. You invested a lot of time and money into your wedding, inviting friends and family from all over South Carolina to share in your joy.
Now, you're faced with the harsh reality that you and your former spouse are no longer together. As your family law attorney in Hilton Head Island, SC, we understand how overwhelming this can be. We've assisted many clients through the divorce process and had the knowledge and tools to help them work through it and move on to greener pastures.
What is a No-Fault Divorce in South Carolina?
When a couple decides to end their marriage in South Carolina, they have the option of a No-Fault dissolution which relieves either of having to bring and prove a fault-based divorce ground. This can help to avoid hostility or ill-feeling that may arise during a fault-based divorce.
In order to qualify for a no-fault divorce, the couple must have been living apart for a year prior to the divorce being granted. This means that they must have separate residences and cannot simply have been living in separate quarters within the same home. If you're thinking about divorce but don't want to pin the demise of the relationship on your spouse, speak with a family law lawyer in Hilton Head Island, SC, soon. This option allows you both to accept responsibility and move on.
Filing for a Divorce in South Carolina
When initiating the divorce process in South Carolina, the first step is for one spouse to file a complaint for divorce in the county where generally, the other spouse resides. To be eligible for divorce in South Carolina, residency requirements must be met. Generally, at least one spouse must have been a resident of the state for a minimum of one year. If both spouses live in South Carolina, they both must have resided there for at least three months.
There are five grounds for divorce in South Carolina, including a single no-fault ground that applies only if the spouses have been living separately for one year. The other four grounds are fault-based and include the following:
- Adultery
- Physical Cruelty
- Habitual Drunkenness (including narcotics)
- Abandonment Over One Year
The Positives and Negatives of a No-Fault Divorce in South Carolina
At Cobb Hammett Law Firm, one of the most common family law questions we're asked is, "Why type of divorce is best? Should I get a no-fault divorce?" Those questions aren't always easy to answer and depend on the dynamics of your marriage.
In a fault-based divorce, successfully proving fault can impact support and equitable division of the marital estate in favor of the "innocent" spouse. Proving wrongdoing can provide a sense of vindication during a divorce. In contrast, a no-fault divorce can make it a more unilateral process.
The Cobb Hammett Law Firm Approach to Child Custody in South Carolina
Did you know that the U.S. Census Bureau states that 25% of children younger than 21 live with just one parent while the other parent resides elsewhere in the country? In such circumstances, many families must navigate the complicated and legally complex process of child custody. As seasoned family law attorneys, we have represented clients in all aspects and legal stages of child custody and support.
We focus in providing services for a range of issues, including but not limited to:
- Drafting Reasonable Proposed Parenting Plans
- Preparing Child Support Calculations
- Communication with a Guardian ad Litem (if applicable)
- Securing De Facto Custodian / Psychological Parent Rights
- Negotiating Agreements Relating to Child Custody
- Prosecuting Claims Related to Domestic Violence
- Prosecuting and Defending Claims for
- Adoption,
- Termination of Parental Rights
- Custody, and
- Visitation
- Defending Claims Alleging Abuse / Neglect by the Department of Social Services
Every family has its own distinct characteristics, and as such, child-related agreements must also be customized to fit each unique situation. In South Carolina, our team of skilled family law attorneys takes the time to understand our clients' individual goals and needs and tailor our services accordingly.
South Carolina Alimony 101
When you get married, you go into the partnership believing that you'll be together forever. It makes sense, then, that most divorcing couples don't know very much about alimony in South Carolina (also referred to as spousal support). They ask questions such as:
- Who gets alimony?
- What is a reasonable amount of alimony?
Fortunately, working with a family law lawyer in Hilton Head Island, SC, can answer those questions and make alimony easier to understand and approach.
What is Alimony in South Carolina?
Many individuals often mistake alimony for child support, but they are, in fact, two distinct forms of financial obligation and not mutually exclusive. Alimony was established to safeguard a supported spouse in the event of a divorce or separation. For example, a spouse who did not work during the course of the marriage would generally have a stronger alimony claim than a spouse who worked throughout the marriage. Likewise, a spouse who worked throughout the marriage but made less than the other spouse would have a stronger alimony claim than a spouse who worked and earned equivalent income to the supporting spouse.
In many cases, a spouse may choose to stay at home to tend to the children and manage the household. Oftentimes, the spouse who remains at home has sacrificed their career or education to care for the family. In such instances, a divorce could leave the financially weaker spouse in a state of financial turmoil. Without that support system, they will have to start over from scratch. These are some factors the Court will consider in evaluating an appropriate alimony case. Throughout your marriage, you have structured your quality of life based on a budget determined by your finances. While all expenses are shared by both partners, what happens if you have been financially dependent on your spouse and need to support yourself?
At Cobb, Dill, & Hammett, LLC, we aim to assist you in securing the alimony you need to support both yourself and your children. At the same time, we want to ensure that you are not overpaying your spouse, if you are the one required to pay. You may be required to pay an amount that could leave you in a difficult financial situation. Regardless, it's crucial to have the right legal representation to guide you through the alimony process in South Carolina.
The Cobb Hammett Law Firm Approach to Alimonyin South Carolina
Some people may assume financial responsibilities to a former partner are end with the filing of a divorce decree. However, if the court has mandated alimony payments, then the financial obligations survive. Failure to meet those obligations can lead to serious legal and financial consequences. Family law attorneys at Cobb Hammett, LLC have years of experience representing clients throughout the divorce process, including alimony determinations.
Our legal services cover many aspects of alimony law, such as:
- Negotiating Temporary and Final Alimony Payments
- Modifying Alimony
- Providing Advice on Reasonable Alimony
- Filing to Collect Unpaid Alimony
Though our family law attorneys are fearless negotiators and litigators, we always strive to keep your legal proceedings as seamless and straightforward as possible. Our goal is to help reach an agreement on alimony that is reasonable for both you and your spouse. However, compromises aren't always possible. If needed, our lawyers will fight aggressively on your behalf to help ensure your financial rights are protected.
Legal Consultation
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
Trust the Cobb, Dill, & Hammett Difference
Dealing with family law cases can be incredibly trying, particularly when it comes to matters of separation or divorce. As your family law attorney in Hilton Head Island, SC, we recognize the challenges you're facing. With that in mind, know that we're committed to offering empathetic legal counsel on your behalf, no matter how contentious or confusing your situation may become. Contact our law offices today for your initial family law consultation.
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Latest News in Hilton Head Island, SC
Shut the Dores: South Carolina scores sixth win in convincing victory over Vanderbilt
Jordan Kayehttps://www.islandpacket.com/sports/college/article295309994.html
Nashville, Tenn.It is days like Saturday where Shane Beamer has to wish his team played an NFL schedule. Could they play until January? Maybe a 17-game schedule?Just a little more time. Please. Because for three straight games now, South Carolina has looked like one of the best teams in America.It has a bruising rushing attack that seems bound to pop a firework twice a game. It has a defense that looks like a bonfire inside a beehive — so much chaos in such little space. The Gamecocks are suffocating, relentless de...
Nashville, Tenn.
It is days like Saturday where Shane Beamer has to wish his team played an NFL schedule. Could they play until January? Maybe a 17-game schedule?
Just a little more time. Please. Because for three straight games now, South Carolina has looked like one of the best teams in America.
It has a bruising rushing attack that seems bound to pop a firework twice a game. It has a defense that looks like a bonfire inside a beehive — so much chaos in such little space. The Gamecocks are suffocating, relentless destructors. No. 24 Vanderbilt figured that out Saturday.
South Carolina (6-3, 4-3 SEC) came out of Nashville with a 28-7 win and became bowl-eligible for the first time in two seasons.
“It’s extra special tonight just coming off the (5-7) season we had last year,” Beamer said. “Very few people thought we would — I saw a lot of those preseason projections and they certainly didn’t have us winning six games this season.”
This Commodores (6-4, 3-3 SEC) are like the little engine that could. Led by their 6-foot, 207-pound quarterback Diego Pavia, they have already beaten No. 1 Alabama, Kentucky, Virginia Tech and were within a field goal of knocking off No. 5 Texas. This team makes magic. Leave the door open and you leave open the possibility of Pavia doing something insane to put his team back in the game.
Well, South Carolina kept that thing super-glued.
It shut out Vanderbilt in the first half, highlighted by a forced fumble and recovery by edge rusher Kyle Kennard in the red zone. In the second half, Pavia was phenomenal and found the end zone out of the gate. He had a spark. Then South Carolina turned over the Commodores on downs the next two drives.
It was over. And the stats don’t tell the whole truth.
Yes, the Gamecocks sacked Pavia just twice, but sadly there is no stat for how many times a quarterback has to retreat back 30 yards, spin out of a tackle then just heave the ball toward the moon. That seemed to occur about every other play Saturday.
“We hold the defense to a different-type of standard,“ linebacker Debo Williams said. “Like, they ain’t scoring. We’re mad they got seven (points).”
It was, yet again, another night where it felt like South Carolina’s defense could beat anyone in the country. Another night where the LSU and Alabama losses loom large because, if the Gamecocks won just one of those, they’d be in the playoff conversation.
Unfortunately, the time machine doesn’t exist. If it did, though, Rocket Sanders might be in the front of the line.
The Gamecocks running back, who transferred from Arkansas this offseason, dealt with injuries for the first part of the season and was just mundane. Heading into November, he had racked up just 426 yards on the ground. Some put the blame on his offensive line — and that’s fair — but Sanders lacked explosion.
Then came the bye week. Sanders said he spent hours on the Stairmaster, which doesn’t seem like the secret formula to the foundation of youth, but Sanders may have begun some studies. Since that bye week, he has totaled 270 rushing yards, 144 receiving yards and five total touchdowns.
“The key thing is trusting it,” Sanders said. “On the field, just trusting it. And being very coachable helped me out a lot.”
Against Vanderbilt, he made the Commodores defenders look like they were on the Stairmaster, averaging over 8 yards per carry. He was zigging and zagging his way all over the field, hitting the hole with an urgency and fierceness that was lacking early on.
South Carolina now has three more regular-season games and a bowl game remaining. If they win out, the Gamecocks will reach 10 wins for just the fifth time in school history. After these past two weeks, it doesn’t seem impossible.
This story was originally published November 9, 2024, 7:25 PM.
Shane Beamer talks Vanderbilt win, injuries, Top 25 ... and takes stand for Sir Big Spur
Trevyn Grayhttps://www.islandpacket.com/sports/college/article295297249.html
After a 28-7 win over Vanderbilt, South Carolina head coach Shane Beamer said he was proud of his team’s performance and spoke to the media following the game at FirstBank Stadium in Nashville.“Really, really proud of our football team coming into this stadium. This ain’t an easy place to play for a lot of reasons,” Beamer said. “To come in here against anot...
After a 28-7 win over Vanderbilt, South Carolina head coach Shane Beamer said he was proud of his team’s performance and spoke to the media following the game at FirstBank Stadium in Nashville.
“Really, really proud of our football team coming into this stadium. This ain’t an easy place to play for a lot of reasons,” Beamer said. “To come in here against another ranked team and have another three-touchdown win over an SEC team, to become bowl-eligible as well, to become the first South Carolina team since 2011 to win three SEC road games is a huge accomplishment. Just really, really happy for our guys.
“Everyone thought there’d be a letdown coming off last week. To come in here and know it was gonna be a tough, gritty, hard game just because of the way Vandy plays football — it’s really satisfying for us as a football team.
“We’ve got a lot more to accomplish in these next three games: our final SEC home game of the year, our final SEC game of the year next week back in Williams-Brice
“But awesome night tonight. And thanks to our fans, it sounded like Williams-Brice Stadium in there at times tonight. For it to be a sold-out crowd here at Vanderbilt, but the most noise was made by the Carolina fans throughout the night — best fans in the world and grateful for them.”
Beamer told reporters that starting safety DQ Smith “tweaked something” in pregame warmups and had to be replaced in the lineup by Peyton Williams. Starting offensive tackle Josiah Thompson was injured in the game and has a lower body issue, Beamer said. “I hope Josiah’s OK. I don’t think it’s anything serious.”
“I like the way that we responded to adversity, whether it be the defense when Vanderbilt was in scoring position ... we did a really good job,” Beamer said.
Vanderbilt pushed the ball to the USC 40-yard line or closer on three different occasions without putting points on the board.
“We’ve got a special group of guys, and that’s what I’m so excited about,” Beamer said, referring making a bowl game this year. “I mean, it’s like last year not going to a bowl game. And one of the biggest reasons is, obviously, we were 5-7.
“But not having another month with that team, because that team was so much fun to coach. So I just told the locker room, it’s so awesome that we get at least another month together as a football team after the end of the regular season.”
After defeating then-No. 10 Texas A&M in Williams-Brice Stadium last week, USC wasn’t placed on either the AP Top 25 or the College Football Playoff rankings, to the surprise of Beamer.
“The people that do the rankings don’t think we’re worth the crap, and that’s fine,” Beamer said. “Keep crapping on us. That’s the way we like it as well. Don’t rank us this week. We’re good where we are.
“We just like to just lay low and work really, really hard and come out and have fun on Saturdays as well.”
“I promised Sir Big Spur I would do this: Disappointed that Sir Big Spur’s not here. I think it’s ridiculous,” Beamer said. “This is the only place, apparently, in the SEC that doesn’t allow live mascots in the stadium.
“And that’s what makes this league special... The fact that LSU can have a freaking tiger at their stadium tonight, and we can’t bring Sir Big Spur.
“So Sir Big Spur came over and gave us a send-off before we left the facility yesterday, and I told him I would say hello to Sir Big Spur in the press conference. So, we miss you guys. Come off Vandy. Do better.”
Since Vanderbilt won’t let live mascots attend their games we went to campus to send off @GamecockFB today. I gave them a message to deliver. Go #Gamecocks!Leave no doubt!!!! pic.twitter.com/7rjypLNnMG
— Sir Big Spur (@2001sirbigspur) November 9, 2024
This story was originally published November 9, 2024, 8:40 PM.
Hilton Head Island football dominates Bluffton. Area teams advance in SCISA playoffs
Lou Bezjakhttps://www.islandpacket.com/sports/high-school/article295293679.html
A roundup of Friday night’s action as final week of regular season for public schools and first round of the SCISA playoffs.The Seahawks (8-2) wrapped up their most successful regular season in a decade with a dominating performance on Friday night.Hilton Head Island has won eight games for the first time since 2015 when it had a 10-win season. The Seahawks will host a first-round playoff game in the 4A playoffs next week.Seahawk running back Troy Timko rushed for 270 yards and three touchdowns. Thaddeus Czarnecki ...
A roundup of Friday night’s action as final week of regular season for public schools and first round of the SCISA playoffs.
The Seahawks (8-2) wrapped up their most successful regular season in a decade with a dominating performance on Friday night.
Hilton Head Island has won eight games for the first time since 2015 when it had a 10-win season. The Seahawks will host a first-round playoff game in the 4A playoffs next week.
Seahawk running back Troy Timko rushed for 270 yards and three touchdowns. Thaddeus Czarnecki added 127 yards and a TD. QB Derrick Raniszewski threw a TD pass and ran for one.
Carson Haines caught three passes for 63 yards and a TD.
Bluffton also will be in the Class 4A playoffs.
Owen Mayers threw a TD pass and ran for one as the Barons defeated JP2 in the first round of the SCISA 3A playoffs.
Jackson Bonser kicked three field goals for Wilson Hall.
Alan Wolf had a TD run and Connor Brown threw a TD pass to Jackson Sanders for the Warriors’ scoring.
Quarterback Reid McCollum threw three touchdown passes and ran for three as HHCA defeated Florence Christian in the first round of the SCISA 3A playoffs.
Hilton Head Christian will travel to Wilson Hall in the semifinals next week.
Sam Strum caught two TD passes and Harry Cunningham had one for HHCA.
Tony O’Banner ran for three touchdowns and Kiran Boggs threw two touchdown passes as the Rebels advanced in the SCISA Class A playoffs.
THA will host Dorchester Academy next week.
Nicolas Robinson and Donovan Robinson each had TD runs for THA. Gibson also returned a fumble for a touchdown.
Ridgeland finished off a win in the game that was suspended in October and made up on Friday night.
Ridgeland will host a first-round game against Scott’s Branch next week.
Regular season
Abbeville 48, McCormick 6
Batesburg-Leesville 8, Strom Thurmond 7
Blackville-Hilda 35, Ridge Spring-Monetta 12
Boiling Springs 41, Eastside 0
Cane Bay 28, Berkeley 23
Carolina Forest 49, North Myrtle Beach 24
Chapin 35, White Knoll 34
Chesnee 47, Blacksburg 13
Christ Church 34, St. Joseph’s 14
Clinton 42, Liberty 22
Conway 49, St James 35
Daniel 42, Seneca 21
Dutch Fork 24, Irmo 14
Fairfield Central 45, Mid Carolina 13
Fountain Inn 35, Laurens 14
Gaffney 27, Spartanburg 24
Greenville 49, Easley 21
Greenwood 35, Mauldin 13
Greer 51, Travelers Rest 0
Hilton Head Island 42, Bluffton 7
JL Mann 35, Woodmont 6
Mountain View Prep 48, Union County 7
Myrtle Beach 35, Socastee 23
Newberry 33, Silver Bluff 21
North Augusta 20, Gray Collegiate 17
Palmetto 57, Carolina High and Academy 6
Pendleton 26, Blue Ridge 0
Pickens 52, Berea 0
Powdersville 44, Southside Christian 0
River Bluff 24, Lexington 10
Riverside 44, Wade Hampton 20
Saluda 57, American Leadership Academy 0
Stratford 21, Goose Creek 14
Sumter 49, Ridge View 6
TL Hanna 43, Hillcrest 21
Ware Shoals 36, Whitmire 34
West Florence 53, Spring Valley 12
Westside 61, Southside 0
Woodruff 35, Broome 14
Wren 42, Emerald 25
Thursday
Gilbert 52, Aiken 7
South Aiken 40, Airport 27
SCISA Playoffs
Class 4A
Hammond 35, Cardinal Newman 6
Augusta Christian 17, Ben Lippen 7
Porter-Gaud 44, Heathwood Hall 13
Northwood 49, Laurence Manning 20
Class 3A
Wilson Hall 25, John Paul II 14
Hilton Head Christian 42, Florence Christian 7
Pinewood Prep 49, Trinity Collegiate 13
Northside Christian 53, First Baptist 28
Class 2A
Pee Dee Academy 56, Spartanburg Christian 19
Greenwood Christian 28, St. John’s Christian 14
Calhoun Academy 42, Hilton Head Prep 27
Bethesda 36, Orangeburg Prep 0
Class A
Thomas Heyward 55, Lee Academy 12
Dorchester 45, Colleton Prep 7
Williamsburg Academy 55, Patrick Henry 6
Beaufort Academy 23, Carolina Academy 21
8-Man
Richard Winn 51, Newberry Academy 16
Wardlaw 46, Holly Hill 44
Jefferson Davis 46, WW King 22
Laurens Academy 56, Cross Schools 22
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