I'm here to be your

Allow me to serve you and I’ll do my best to set the tone for your case. Family court is my passion and I have made it the exclusive area of my practice. I can provide representation in any county located in South Carolina. 

Take Charge.

“Your case might feel dramatic, but you’re not alone . I got you.” 

CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY
CHARLESTON FAMILY LAW ATTORNEY

NEGOTIATED AGREEMENTS.
LITIGATED RESULTS.

How I can help

Separation

Divorce

Equitable Distibution

Actions with DSS

Alimony

Child Support

Custody & Visitation

Military Divorce 

Pre-Nuptial Agreements

Modification Actions 

Relocation

In South Carolina, if there is no fault ground to get a divorce, then parties must proceed with Separate Support & Maintenance. This is analogous to “legal separation”, although South Carolina does not recognize the term “legal separation”. Through this mechanism, parties must be living separate and apart prior to the filing of an action. This is often the path that parties will take in a “no fault divorce”, where one year must pass in order for the parties to be divorced.

SEPARATION

There are five ways to obtain a divorce. Adultery, Physical Cruelty, Habitual Drunkenness, Desertion, or No Fault Divorce. The first four of these five are called fault grounds and if proven, this allows a party to be eligible for divorce after ninety days.
  • Adultery is when a party engages in a sexual relationship with someone other than their spouse during the marriage. The standard for this is known as “opportunity” and “inclination." The burden is not meant to force a party to show that the events occurred, but rather to show that it is more likely than not based on circumstantial evidence that a sexual relationship occurred.
  • Physical Cruelty is conduct that rises to the level of substantial harm or death. The standard is also circumstantial, meaning that this can be shown through isolated or multiple instances.
  • Habitual drunkenness or drug abuse is where a party must show conduct of severe alcohol/drug abuse that was detrimental and/or the reason for the breakdown of the marriage.
  • Desertion is rarely used in family court and a party must be untraceable.

DIVORCE

A date is stamped when an action is filed. That date of filing is a “snapshot” of the marital estate. All assets may be valued based on what the asset was worth on the date of filing. Equitable distribution is the process for which the Court will equitably divide assets on a final basis. Equitable distribution can occur either by agreement or by trial. Generally, the Court will want to see an equal divide of all assets between two parties, however, the parties may determine what is “equal” for them so long as it is legal, and the parties agree.

EQUITABLE DISTRIBUTION

Normally, the scope of the Department of Social Services (“DSS”) involvement centers around the enforcement of child support or investigating instances of abuse neglect. As a state agency, they have a duty to investigate all reports that come in regardless of merit. When a case is reported, a preliminary investigation will ensue that is supposed to be completed within forty-five days. Generally, these investigations can be resolved with a safety plan put in place, however, if DSS determines that there is grounds for removal, then a formal action will be filed.

ACTIONS WITH DSS

Think of alimony as the equalization of marital income experienced during the marriage. The amount of alimony, and the period of time for which it is to be paid, is based on statutory factors. The different forms of alimony include:

  • Periodic alimony: This is an amount paid to your former spouse that terminates the remarriage or continued cohabitation of party or upon death of either spouse. This form of alimony can seem like it has no end date, but this form is modifiable based on a substantial change in circumstance.
  • Lump-sum alimony: The total sum that can be paid in one installment, or payments over a period of time, which is terminable only upon the death of the supported spouse. This cannot be terminated or altered based on remarriage or a substantial change in circumstances.
  • Rehabilitative alimony: This is a total sum that can be paid in one installment, or payments over a period of time, which IS terminable upon the death of the payor or payee, cohabitation, or remarriage. There may circumstances where this can be altered, but this is typically rare and would likely have to show unforeseen circumstances or events. This support is intended to rehabilitate and to restore a spouse to being self-sustaining. 
  • Reimbursement alimony: This is a total sum that can be paid in one installment, or payments over a period of time, which IS terminable upon the death of the supported spouse, cohabitation or remarriage, BUT not terminable based on a substantial change in circumstances. This support is considered when future earnings of a spouse are a variable.

ALIMONY

Child support is typically calculated based on the South Carolina Child Support Guidelines. However, family court judges have broad discretion to deviate from those guidelines based when they believe this is warranted. Most cases in South Carolina involving child support are calculated based on the parties’ gross monthly incomes, health insurance premiums for the children, daycare expenses, other children in the home, extraordinary heath expenses for the minor children, and other support obligations. 

There are three different worksheets for which child support can be calculated on. Worksheet A: where one parent has all the overnight stays with the child(ren), Worksheet B: where parents have decided to split children, whereas one parent would have all the overnight stays of a child(ren) and second parent has all the overnight stays with another child(ren); and Worksheet C: is a where the parties have shared joint custody where the secondary parent is calculated and assumed to have a minimum of 30% of the overnights which equates to about 110 overnights in a calendar year.



CHILD SUPPORT

Sole Custody and Joint Custody are terms that most parents confuse when they become involved with the Family Court. There are statutory factors that the Court may consider when determining custody, but the major points can be time and decision making. The key difference between the two custody designations is the duty consult with the other party regarding major decisions of the child(ren)in the categories of school, health, extracurriculars, and religion. There is a standard visitation protocol that is used for non-custodial parents if the Court must decide on visitation, however the parties can virtually agree to any visitation schedule so long as there is no disagreement between the parties. When matters of custody and visitation arise, it is inevitable that mutual restraints regarding behavior around the children will also arise. If custody is contested or there are concerns regarding parental fitness, it is possible that a Judge could appoint a Guardian Ad Litem to represent the best interests of the minor child(ren).




CUSTODY & VISITATION

Military Divorces are often confusing when it comes to jurisdiction and equitable distribution. At least one spouse must have resided in South Carolina one year prior to the filing of the action. However, many parties are hesitant to file due to the erratic travel of a service member. There are special protections for a service member when it comes to service of pleadings through the Service Members’ Civil Relief Act. Pensions and benefits are governed by federal organization like the Defense Accounting Service (DFAS).


MILitary divorce

Generally, there is no foolproof pre-nuptial agreement in the eyes of the Court. Pre-nuptial agreements that have been honored by judges in the past are able to show that both parties had counsel, full financial disclosure, and adequate time to review and comprehend the agreement. Pre-nuptial agreements are intended to specify assets, bills, property support, etc. Pre-nuptial agreements cannot be used to address child related issues.



PRe-Nuptial agreements

All issues related to minor children including support, custody, and visitation remain modifiable so long as the family court has jurisdiction over the minor child(ren). In order to alter an agreement, a party must show a material and substantial change in circumstances. Alimony cases are also modifiable based substantial change so long as the form of alimony is modifiable pursuant to both the agreement or the statute governing alimony. 



MODIFICATION ACTIONS

It would be unconstitutional to prohibit a person from relocating, however, if a parent is trying to relocate there are important factors to consider. Whether you are in the middle of a divorce action with children or you are wanting to modify an existing custody order, the Court can rely on the precedence set forth in Latimer v. Farmer, where the Court evaluated economic advantages, improvement of the quality of life for the child/moving parent, the genuineness of the intent to move, and the ability of the non-custodial parent to maintain regular contact.



RELOCATION

Let's get in touch >>>

NEGOTIATED AGREEMENTS.
LITIGATED RESULTS.

Separation

In South Carolina, if there is no fault ground to get a divorce, then parties must proceed with Separate Support & Maintenance. This is analogous to “legal separation”, although South Carolina does not recognize the term “legal separation”. Through this mechanism, parties must be living separate and apart prior to the filing of an action. This is often the path that parties will take in a “no fault divorce”, where one year must pass in order for the parties to be divorced.

Divorce

There are five ways to obtain a divorce. Adultery, Physical Cruelty, Habitual Drunkenness, Desertion, or No Fault Divorce. The first four of these five are called fault grounds and if proven, this allows a party to be eligible for divorce after ninety days.
  • Adultery is when a party engages in a sexual relationship within someone other than their spouse during the marriage. The standard for this known as “opportunity” and “inclination”. The burden is not meant to force a party to show that the events occurred, but rather to show that is more likely than not based on circumstantial evidence that a sexual relationship occurred.
  • Physical Cruelty is conduct that rises to the level of substantial harm or death. The standard is also circumstantial, meaning that this can be shown through isolated or multiple instances.
  • Habitual drunkenness or drug abuse is where a party must show conduct of severe alcohol/drug abuse that was detrimental and/or the reason for the breakdown of the marriage.
  • Desertion is rarely used in family court and a party must be untraceable.

Equitable Distribution

When an action is filed, a date filing is stamped on the action. That date of filing is a “snapshot” of the marital estate. All assets may be valued based on what the asset was worth on the date of filing. Equitable distribution is the process for which the Court will equitably divide assets on a final basis. Equitable distribution can occur either by agreement or by trial. Generally, the Court will want to see an equal divide of all assets between two parties, however, the parties may determine what is “equal” for them so long as it is legal, and the parties agree.


Actions with DSS

Normally, the scope of the Department of Social Services’, (“DSS”) involvement centers around the enforcement of child support or investigating instances of abuse neglect. As a state agency, they have a duty to investigate all reports that come in regardless of merit. When a case is reported, a preliminary investigation will ensue that is supposed to be completed within forty-five days. Generally, these investigations can be resolved with a safety plan put in a place, however, if DSS determines that there is grounds for removal, then a formal action will be filed.



Alimony

Think of alimony as the equalization of marital income during and after litigation has started. The amount of alimony and the period of time for which it is to be paid is based on statutory factors. The different forms of alimony include:

  • Periodic alimony is an amount to be paid but terminates on the remarriage or continued cohabitation of a party or upon the death of either spouse. This form of alimony can seem like it has no end date, but this form is modifiable based on a substantial change in circumstance.
  • Lump-sum alimony is a total sum that can be paid in one installment, or payments over a period which is terminable only upon the death of the supported spouse but cannot be terminated or altered based on remarriage or a substantial change in circumstances.
  • Rehabilitative alimony is also a total sum that can be paid in one installment, or payments over a period which is terminable upon the death of the payor or payee, cohabitation, or remarriage. There may circumstances where this can be altered based on a change in circumstances, but the circumstances are rare and would likely have to show unforeseen circumstances or events. This support is intended to rehabilitate a spouse based on circumstances to restore a spouse to being self-sustaining.
  • Reimbursement alimony is a total sum that can be paid in one installment, or payments over a period of time which is terminable upon the death of the supported spouse, cohabitation or remarriage, but not terminable based on a substantial change in circumstances. This support is considered when future earnings of a spouse are a variable. 




Child Support

Child support is typically calculated pursuant to the South Carolina Child Support Guidelines. However, family court judges have broad discretion to deviate from those guidelines based on different circumstances where they believe a deviation is warranted. Most cases in South Carolina involving child support are calculated based on the parties’ gross monthly incomes, health insurance premiums for the children, daycare expenses, other children in the home, extraordinary heath expenses for the minor children, and other support obligations. 

These factors are pursuant to the South Carolina Child Support Guidelines. 

There are three (3) different worksheets for which child support can be calculated on. Worksheet A: where one parent has all the overnight stays with the child(ren), Worksheet B: where parents have decided to split children, whereas one parent would have all the overnight stays of a child(ren) and second parent has all the overnight stays with another child(ren); and Worksheet C: is a where the parties have shared joint custody where the secondary parent is calculated and assumed to have a minimum of 30% of the overnights which equates to about 110 overnights in a calendar year.







Custody & Visitation

Sole Custody and Joint Custody are terms that most parents confuse when they become involved with the Family Court. There are statutory factors that the Court may consider when determining custody, but the major points can be time and decision making. The key difference between the two custody designations is the duty consult with the other party regarding major decisions of the child(ren)in the categories of school, health, extracurriculars, and religion. There is a standard visitation protocol that is used for non-custodial parents if the Court must decide on visitation, however the parties can virtually agree to any visitation schedule so long as there is no disagreement between the parties. When matters of custody and visitation arise, it is inevitable that mutual restraints regarding behavior around the children will also arise. If custody is contested or there are concerns regarding parental fitness, it is possible that a Judge could appoint a Guardian Ad Litem to represent the best interests of the minor child(ren).







Military Divorce

Military Divorces are often confusing when it comes to jurisdiction and equitable distribution. At least one spouse must have resided in South Carolina one year prior to the filing of the action. However, many parties are hesitant to file due to the erratic travel of a service member. There are special protections for a service member when it comes to service of pleadings through the Service Members’ Civil Relief Act. Pensions and benefits are governed by federal organization like the Defense Accounting Service (DFAS).








Pre-Nuptial Agreements

Generally, there is no full proof pre-nuptial agreement in the eyes of the Court. Pre-nuptial agreements that have been honored by judges in the past are able to show that both parties had counsel, full financial disclosure, and adequate time to review and comprehend the agreement. Pre-nuptial agreements are intended to specify assets, bills, property support, etc. Pre-nuptial agreements cannot be used to address child related issues.







Modification Actions

All issues related to minor children including support, custody, and visitation remain modifiable so long as the family court has jurisdiction over the minor child(ren). In order to alter an agreement with these issues, a party must show a material and substantial change in circumstances. Alimony cases are also modifiable based on a substantial change in circumstances so long as the form of alimony is modifiable pursuant to both the agreement or the statute governing alimony. 








Relocation

It would be unconstitutional to prohibit a person from relocating, however, if a parent is trying to relocate there are important factors to consider. Whether you are in the middle of a divorce action with children or you are wanting to modify an existing custody order, the Court can rely on the precedence set forth in Latimer v. Farmer, where the Court evaluated economic advantages, improvement of the quality of life for the child/moving parent, the genuineness of the intent to move, and the ability of the non-custodial parent to maintain regular contact.








GET IN TOUCH >>>

Chris was very knowledgeable about the law and patient in explaining the legal aspects of my situation. He was also attentive to the details I presented to him, and he always stayed on top of schedule providing insight prior to any major milestone.

- Thomas C.

Chris kept a great demeanor of professionalism while caring about the best interest of my children. His level headed and compassionate guidance got me through the roughest time in my life. He kept me focused on what was most important and I’m grateful that he did.

- Aaron R.

Chris was very professional from the start when I needed an attorney for a divorce. He explained everything that I was about to go through and took the time to ensure I understood it. Chris fought for me during mediation and got the best outcome for me possible.

- Andrew K.

Chris Jacob is an incredibly knowledgeable and effective lawyer. He is very detail oriented and calculating. At the same time he's as much an advocate as an attorney. I made the absolute right choice with him and would not hesitate to retain his services again should the need arise.

- Brian C.

Chris Jacob won my divorce.Upon introduction, Chris's calming, confident demeanor put me at ease. During our first meeting, he told me he would much rather be representing my case than my wife's. Along the covid delayed proceedings, Chris was a counselor, a social worker, a cheerleader, and on one occasion a virtual hand holder. Our ultimate settlement was better than what I was First going to offer my wife. If you're walking into a courtroom, you want Chris at your table, and you don't want to be looking at him as opposing counsel.

- Michael K.

*Any result the law firm has achieved on behalf of one client in one matter does not necessarily indicate similar results can be achieved for other clients.