Family Law Attorney in Cleveland, 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 Cleveland, 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 Cleveland, 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 Cleveland, 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.

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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 Cleveland, 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 Cleveland, 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.

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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 Cleveland, 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.

Cleveland forfeits real estate license after fraud

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...

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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Which type of divorce is best? Should I get a no-fault divorce?

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