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If there were one universal truth it would be that every family is different. We all have our own set of challenges to face and changes to go through. Sometimes those changes are happy like when a new baby is born. Other times these changes involve uncertainty and loss like in the event of a divorce.
If you are having to go through the pain of divorce deal with a complicated custody issue or are handling a different family-related legal matter you might need help. At Cobb Hammett LLC we understand that family issues are hard. Many of the family law clients that we work for have big questions about the future leaving them over-stressed and full of worry. They are concerned about their children their marriage or both. They are wrestling with uncertainty and anxiety having been served confusing documents that don't make sense. Sound familiar? A family law attorney in Cleveland, SC can help whether you need a level-headed moderator or a trusted advocate in the courtroom.
At Cobb Hammett LLC we have decades of combined experience serving the needs of families from divorce proceedings to family formation issues. Our team is fiercely committed to our clients and with a dedicated focus stays up-to-date on the nuanced world of family law in Cleveland. If you're looking for personal attention unbiased representation and a responsive family law attorney look no further than our law firm.
If you're unsure of whether you need a family law lawyers in Cleveland" ask yourself these questions:
- Are you getting married?
- Are you thinking about divorce?
- Has your spouse served you with legal papers?
- Are your kids not receiving the support that they are entitled to?
If you answered yes to any of the questions above know that we are here to help you figure out your next steps. With Cobb Hammett Law Firm by your side you can have the confidence to face even the most difficult family law issues. All of our attorneys have years of experience are incredibly responsive and fight for your family's rights. We are happy to take as much time as you need to answer questions and help put your mind at ease for whatever lies ahead.
Our firm specializes in a wide range of family law cases including:
- Divorce
- Child Custody
- Alimony
- Adoptions
- Child Support
- Mediation
- Property Division
- More
If you have been left to manage a foreign family law situation it's time to call Cobb Hammett LLC. We will sit down with you for an hour at absolutely no cost - because we understand what you're going through and know that you need answers not another bill to pay.
To help provide you with a basic understanding of family law keep reading for in-depth explanations on our areas of expertise.
Divorce lawyer in
Cleveland SC.
At Cobb Hammett LLC we know all-too-well that a one size fits all approach isn't going to work very well for your unique situation. That's why we approach each divorce case from a personalized standpoint - something that we feel like each of our clients deserves.
Our goal is to help solve your family law issues and focus on your needs when your divorce is finalized. We will help develop a strategy for:
- Meeting your post-divorce needs and objectives
- Dividing marital property for maximum benefit
- Maximizing time spent with your child as part of your divorce's parenting plan
- Strengthen your role as a decision-maker for your child
- Navigating your divorce proceedings and minimizing financial and emotional costs
By working together our divorce law firm will help you rebuild your life and secure a better future for your family.
Divorces in South Carolina
- Different Than Other States
Unlike divorce law in other states South Carolina divorce law doesn't allow spouses to receive an instant no-fault divorce. One or both spouses in the marriage must establish a legally acceptable reason for a divorce to happen. Grounds for a divorce in Cleveland, SC include:
- Desertion
- Physical Cruelty
- Habitual Drunkenness
- Separation for One Year or More
- Adultery
If you or your spouse do not have the necessary grounds for divorce in Cleveland our family law firm can file a Separate Maintenance and Support action. This step lets the court order child custody alimony and marital bills until you can file for your divorce. During this period Cobb Hammett LLC gathers pertinent info on your spouse's character and assets that can strengthen your case should it be necessary.
Common Issues Associated
with Divorces in Cleveland
A divorce in Cleveland means more than the end of a marriage. It involves dividing the parties debts and assets determines child support and custody parameters and can establish alimony. At Cobb Hammett LLC many of our clients are able to reach agreements with their spouse to resolve these issues. Reaching an agreement lets both parties customize the terms of their divorce to conserve resources avoid trial and meet the family's needs.
Sometimes however two spouses cannot or will not come to terms with an agreement. In these situations a trial is possible and litigation is necessary. Our family law attorneys in Cleveland, SC. are highly experienced litigators and are well-equipped to handle any disputes revealed in the conference or courtroom.
Common divorce issues include:
Child Custody and Visitation
One of the most heart-wrenching difficult decisions for parents going through a divorce is resolving child custody and visitation issues. Child custody refers to how much time each parent will spend with their child and whether they can make decisions for them. According to South Carolina law child custody and visitation time are based on what is best for the child.
Child Support
Like other U.S states a formula is used in South Carolina to determine how much child support a person must pay. This formula recommends the amount of child support based on factors like how much income the parents make the cost of childcare and the obligation to support children from other relationships.
Alimony
In South Carolina there is no formula to determine how much alimony a person must pay. However courts consider several factors when deciding if alimony is needed how much alimony should be paid and how long a spouse must pay it. Those factors include each spouse's ability and need to pay alimony how long the marriage lasted and any marital misconduct that occurred. To make matters more confusing there are different alimony types including lump sum rehabilitative and reimbursement.
Distribution of Property
In South Carolina marital property is the property that each spouse amasses from the date of the wedding to the time a spouse files for divorce. That property can often include marital debt. In a South Carolina divorce the courts will order an equitable division of property meaning fair under all circumstances but not necessarily equal.
Understanding Child Custody in Cleveland, SC.
As mentioned above decisions that involve child custody and visitation can be contentious for parents both emotionally and legally. As experienced empathetic divorce lawyers we understand how difficult this process can be. When we work with clients going through child custody battles we always make it a point to be with them through the ups and downs to help them stay centered. Whether you are the husband or wife in your divorce we share a common goal: finding an effective way to support your children and assure their wellbeing.
In South Carolina child custody is a loaded term. In the most general definition child custody determines when each parent is responsible for the physical care of the child and how much authority each parent has to make decisions in their child's life.
No two child custody cases are the same but a negotiated custody arrangement is usually preferred in the judge's eyes as each parent has input in the process. If the parents cannot come to an amicable resolution their fate is left in the hands of a Family Court Judge in South Carolina. The focus of child custody law is always on what is in the best interests of the child. What the judge determines to be the best interests changes depending on the judge.
There are different variations of custody in South Carolina (or custody arrangements) each with varying degrees of authority. When you consult with our family law attorneys at Cobb Hammett LLC we will go over the child custody process in detail and touch on each distinction to eliminate any confusion you have.
- Help develop cooperative solutions to disputes or mediate when needed
- Create an equitable parenting plan
- Discuss the implications of the different forms of joint and sole custody
- Problems related to child support
- Modify court orders if you or your child's circumstances change
- Enforcement of visitation and custody agreements
- Much more
Many of the family law clients that walk into our office have big questions that are leaving them full of stress and worry.
Understanding Child Support
in Cleveland, SC.
When children are involved in divorce cases child support is often ordered. Several factors can impact whether child support is ordered like the income-earning potential of the child's parents any custody arrangements that are created and what needs the child may have.
At Cobb Hammett LLC we have years of experience with child support issues relating to:
- Cases where child support is needed for stay-at-home parents
- Modifications and enforcement of child support mandates
- Resolving support and custody disputes
- Mediation arrangements to reach an agreement on child support. Compared to litigation going
- the mediated route often means less stress and is more cost-effective than trial.
When you trust our family law firm in Cleveland for representation we can help calculate an estimate of how much child support you or your spouse may be ordered to pay. We can also perform a needs-based analysis in cases that involve large amounts of income. At the end of the day our goal is to make this frustrating process as stress-free as possible for you so that you can focus on living life and caring for your child.
Understanding Alimony in
Cleveland, SC.
Alimony (sometimes called spousal support or maintenance) is ordered by the court or negotiated between parties. This kind of spousal support has many factors like the income of both spouses how long they were married and the age of each spouse. Like child custody and child support trusted legal guidance is strongly recommended if you are facing potential alimony payments. Our family law attorneys will help you reach amicable arrangements for fair and appropriate alimony payments.
At Cobb Hammett LLC your family law attorney in Cleveland, SC will help protect your interests and rights regarding:
- Alimony and business assets
- Permanent or long-term alimony
- Significant alimony in high-asset divorces
- Modifications to alimony arrangements when you or your spouse's circumstances change
- Enforcement of spousal support mandates when needed
Understanding Division of
Property in Cleveland, SC.
When there are no children marital property or issues of alimony divorces often proceed smoothly between amicable spouses. However most divorces in South Carolina are much more complex. Typically divorce involves a union between spouses that lasts for years and involves substantial marital property. This property can be personal property real estate family businesses debts out-of-state property debts bank accounts and more.
In these nuanced situations the applicable parties need assistance dividing their property. This help most often comes from seasoned family law attorneys like Cobb Hammett LLC.
When it comes to distribution of property certain types of properties that are controversial even under the property division rules in South Carolina. South Carolina is an equitable distribution state meaning that marital property is divided equitably but not always equally.
If you are going through a divorce it's important that you are aware of the following assets and the common issues their division presents:
Pensions:
Generally pensions are the second-largest asset in a marriage. When there are sufficient alternative income sources to compensate the non-pension holder South Carolina divorce courts may leave the pension rights with the spouse who earned it with future distribution available. Otherwise a divorce court may enter a Qualified Domestic Relations Order requiring the pension administrator to pay both the former spouse and worker.
Family Home:
The family home or the primary residential property owned by the divorcing couple is usually considered a marriage's biggest asset. Dividing this kind of property can be complex and frustrating especially when there are kids involved.
Many divorcing couples have a hard time reaching an agreement on property division. Because the division of property depends on the complexity of you or your spouse's assets and liabilities it is crucial to consult with an experienced family law attorney to provide guidance.
Latest News in Cleveland, SC
Cleveland forfeits real estate license after fraud
LANE FILLER Staff Writerhttps://www.goupstate.com/story/news/2006/12/02/cleveland-forfeits-real-estate-license-after-fraud/29384129007/
Local developer Arthur Cleveland, whose ownership of the Spartanburg Marriott at Renaissance Park has been clouded by controversy for several years, has signed a consent order agreeing to forfeit his real estate license for a period of three years.The reason is two separate, but related, cases of fraud.Cleveland has been besieged by foreclosures and losses in the past few years. In addition to the Marriott property, Broadwalk, the Montgomery building, his personal home and many other parcels have been either lost...
Local developer Arthur Cleveland, whose ownership of the Spartanburg Marriott at Renaissance Park has been clouded by controversy for several years, has signed a consent order agreeing to forfeit his real estate license for a period of three years.
The reason is two separate, but related, cases of fraud.
Cleveland has been besieged by foreclosures and losses in the past few years. In addition to the Marriott property, Broadwalk, the Montgomery building, his personal home and many other parcels have been either lost or threatened through court proceedings.
The legal problems relating to his real estate license are tied to a 400-acre parcel of land known as Meadow Farms.
Cleveland and his company, Cleveland-White, had a management agreement with a group that owned Meadow Farms to manage, rent, lease and operate the property, beginning in 1997.
According to court documents, Cleveland withdrew $8,000 from the Meadow Farms account on March 21, 2002, without authorization, for a loan to Renaissance Park Inc.
Two of the Meadow Farms owners (there are 15 to 20 individuals and trusts that own the property jointly), looking into that $8,000 disappearance, discovered a larger fraud.
Eight days after he took the $8,000, Cleveland received a check from the city of Spartanburg for Meadow Farms for just over $118,000 in return for some land sold for utility right-of-ways, but Cleveland never gave the money to the owners.
Instead, Cleveland testified in the Spartanburg County Court of Common Pleas in 2005 that he put the money into a project he owned called Hartsville Crossing.
Cleveland later sold his interest in Hartsville Crossing, but never repaid the $118,000 or, according to court records, $2 million in other debts related to the Hartsville Crossing project.
On March 17, Circuit Judge Doyet Early III ruled Cleveland committed fraud and said he "showed neither remorse nor explanation" for his actions.
Cleveland and Cleveland-White Co. jointly were ordered to pay $148,000 in actual damages, and Cleveland was
ordered to pay an additional $15,000 in punitive damages.
These facts were outlined in the complaint against Cleveland that was to go before the S.C. Real Estate Commission this past month.
According to Real Estate Commission spokesman Jim Knight, the paperwork on Cleveland's agreement to relinquish his license is not complete, but Cleveland and his attorney, Ken Anthony, have signed their part of the deal.
"Once the consent order is in place, it will mean Mr. Cleveland, while he can still own Cleveland-White, cannot be the broker in charge or do any real estate transactions for the company," Knight said.
Cleveland signed the order Nov. 14 to avoid a hearing before the Real Estate Commission.
In late 2005, the owners of Meadow Farms, still unable to collect what they were owed, had Cleveland back in court, grilling him on his assets.
Cleveland, who has estimated his own fortune prior to beginning the Marriott deal at $10 million to $12 million, told the court he had no income except what he derived from refinancing property he owned. He agreed with the suggestion he was living by "robbing Peter to pay Paul" and testified that his wife's family was providing the money to pay the mortgage on his Converse Heights home.
On Friday, one of the Meadow Farms owners said the group has received "only a tiny portion" of the money Cleveland took from them.
Last month, Cleveland put Marriott-owner Renaissance Park Hotel LLC into bankruptcy to forestall a foreclosure by mortgage-holder Bridgeview LLC.
Bridgeview is owed about $23 million on the hotel, while the city of Spartanburg is responsible for about $20 million in payments over the next two decades for debt related to the hotel.
Funds to meet the city's obligations are expected to come from rent loan payments and taxes paid by the Marriott.
One thing not in doubt is the day-to-day operations of the hotel. Atlanta-based Bridgeview, the city and Marriott all share the desire that it should stay open. They agree the hotel is doing good business.
Additionally, a federal bankruptcy judge ordered on Nov. 3 that the hotel will continue to operate under the Marriott flag while the bankruptcy is sorted out.
Lane Filler can be reached at 562-7426 or [email protected].
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