Entries by Wyatt

How Bankruptcy Could Affect your South Carolina Divorce

Bankruptcy can have huge implications for your Divorce in South Carolina both procedurally and practically.  For starters, bankruptcy proceedings place an automatic stay on certain areas of Family Court litigation involving marital assets, debts, and the equitable distribution thereof.  However, an automatic stay created by a bankruptcy proceeding may be resolved so long as you […]

Social Security Benefits after your South Carolina Divorce:

When you become divorced in South Carolina, it is important to understand how your change in marital status can affect various rights you or your spouse may have. One potential right that may be implicated is your right to claim Social Security benefits, and it is important to understand your options so that you may […]

Adultery as a Complete Bar to Alimony in South Carolina

    In South Carolina, we have four “fault” grounds  and one “no-fault” ground for divorce as defined by S.C. Code Ann. §20-3-10 (1976) as follows: 1)     Adultery; 2)     Desertion for a period of one year; 3)     Physical Cruelty; 4)     Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness causes by […]

Valentine’s Day

By: J. Wyatt Wimberly, Esquire As a married man, I often quip that “every day is a lesson in what not to do,” when asked about what it’s like to practice divorce law. This is true to some extent, but I have also gained a great deal of insight about what TO do. One of […]