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Moncks Corner South Carolina Law Blog

Go from visitation to shared custody with a custody modification

The terms of your divorce come from the courts as a court order. The division of your assets, the allocation of parental responsibilities and rights, and the obligation to pay spousal or child support are all typically court orders. While that does mean that they are official and legally binding, that does not necessarily mean that those terms are permanent.

Especially in the case of both custody and support matters, the courts recognize that familial situations change over time. What may have been the best possible solution at the time of your divorce may not be appropriate anymore even six months later. Thankfully, you have the right under South Carolina law to request a modification of your custody arrangements after the courts finalize your divorce.

How to prepare for divorce mediation

If you and your spouse are getting a divorce in South Carolina and want to make it as smooth as possible, mediation may be a better choice than regular litigation. Although this is a popular choice for couples who communicate well, it is a good idea to prepare properly for it so you get more of what you want and you do not waste anyone's time or money.

Live About discusses that in mediation, you and your spouse sit down with a neutral third party, a mediator, to negotiate the terms of the divorce. Because the mediator is neutral, he or she does not give advice or make any decisions for either of you; instead, the mediator guides the conversation and keeps things civilized. Before going into the mediation session, sit down and consider all the issues you need to decide upon and think about what you want and what you are willing to negotiate. Consider things such as:

  • Property and asset division
  • Division of debt
  • Child custody and support
  • Alimony

Here are some scary DUI facts to consider

DUIs can change your life immediately. They indicate that you were reckless, and they could lead to crashes that hurt you or others. In worst-case scenarios, people die from accidents caused by those who drive while intoxicated.

DUIs are preventable, which is what makes them so tragic when they're reported. In some cases, having one or two fewer drinks that night might have helped a driver avoid a collision completely, which is an even greater tragedy.

Yes, a DUI will affect you during a divorce

If you are going through a divorce, you may feel like you need to take some time to unwind. Maybe you go to the bar at night, or perhaps you hit up the club. Whatever it is you do, if alcohol was a part of your relaxation habits, you should know that you could have some trouble in court.

Imagine if you get a DUI and are fighting a custody case. What do you think a judge would say? Likely, they would wonder if you will also be intoxicated when your children are with you or if you would have them in your vehicle while intoxicated. The odds are that the judge will not look kindly on your actions.

Dealing with your insurance company after a car accident

You are slowly recovering from the trauma of having been involved in a car accident in South Carolina and now you face the process of discussing what happened with your insurance company. At Beau Seaton Attorney at Law, we understand the complications that can often arise when it is time for you to begin working with your insurance company to agree on a settlement. 

The sooner you begin the process of negotiating an agreement with your insurance company, the better. Even though the accident itself may have been chaotic and caused you to go into shock at points throughout, it is imperative that you recall and document as many details as you can. If you were in the position to and were able to snag a few photos of the scene, this type of evidence can also make a substantial difference in your ability to persuade your insurance company in your favor. 

Protecting your parenting time should remain a priority

The time that you spend with your child is irreplaceable, and every day that you do not spend with them is a day that you cannot recover. For this reason alone, it is always important for a parent to protect all the time with their child that a custody order outlines.

In practice, there are almost always complications. Coordinating the rearing of a child with their other parent is difficult enough when the entire family lives under one roof, but when parents split up and rear the child separately, these complications often multiply. When you think about protecting your parenting time, it is important to differentiate actions or behavior by your child's other parent that steals away time with your child from the unavoidable complications that everyone experiences from time to time.

Is South Carolina an at-fault state?

If you were having trouble securing insurance payments for an auto collision in the South Carolina Lowcountry, you would be far from alone. In fact, it is the state's at-fault liability system that is likely to make recovering funds from your insurance company somewhat complicated.

In a no-fault context, you would not need to prove who was responsible for an auto crash before you got an insurance company to pay. In South Carolina, the responsible driver's coverage would typically only cover your incident after an admission or judgment that you were a victim. 

Custody and your child’s emotions

Divorce can be challenging for a child in many different ways, whether they have to move to a new home or even a different city after their parents split up, or they are exposed to fighting and divorce-related stress. Child custody, however, can be an extremely emotional and stressful issue for children, so it is pivotal for you to be mindful of your child if you are in the middle of a dispute. It could help them if you sit down and have a discussion with them about what is going on and some of the changes that they may be able to expect while reassuring them that they are still loved regardless of the outcome of the case.

A child can be emotionally affected by a custody dispute for various reasons. For one, their parent’s stress may rub off on them and cause them to become worked up or full of anxiety. A child may also worry about losing the ability to spend time with a parent they love or how a custody decision will affect their lives in other ways. Moreover, they may worry about switching between parents constantly.

Why do so many drivers speed?

Reckless drivers who disregard the safety of others on the road should be held fully responsible for causing a crash, and these accidents happen for many reasons. Speeding is one of the more common causes of preventable auto accidents and it is important to understand some of the different motivating factors behind a driver’s decision to go over the speed limit. Unfortunately, this behavior has claimed many lives over the years and it has left countless victims with injuries that shatter their future.

The National Highway Traffic Safety Administration covers speeding, along with other risky driving behaviors, on their website. The NHTSA points out that one reason drivers may speed because they are trying to get to work on time or they have some other important responsibility to get to. Moreover, traffic congestion plays a role in many of these incidents and can cause people to drive aggressively in other ways. Some drivers may even speed on accident, whether they are not aware of the speed limit or they become distracted.

Why injuries are often worse in commercial truck crashes

Massive commercial trucks, sometimes called big rigs or semitrucks, feature design elements intended to make them efficient for hauling as much as possible across various terrains. They can quickly detach the trailer and pick up a new load. Their size also allows them to carry many times the weight of smaller vehicles.

Large commercial vehicles effectively keep the United States economy running by providing affordable ground transportation for materials and products. Unfortunately, those large commercial vehicles also create substantial risk for other people on the road. Their drivers can and do make mistakes that result in crashes.

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