Category: Divorce

YOUR SPOUSE’S INCAPACITY IS NOT A REASON TO PREVENT YOU FROM FILING FOR DIVORCE

Not all divorces are necessarily the divorcing spouses. We have represented elderly Clients who desired to divorce their incapacitated spouse. Sometimes, the incapacitated spouse requires nursing home care, the cost of which can be unaffordable creating marital debt and making both spouses at risk for this debt. Or circumstances may change whereby one spouse is […]

When “Mine” Becomes “Ours” and What Transmutation of Marital Assets Means to You

You brought it into the marriage. You inherited it. You built it before you ever said “I do.” So it’s yours to keep if you divorce, right? Not necessarily. In South Carolina, separate property can quietly convert into marital property in what is called transmutation. If you’re not paying attention to how you use, title, […]

What the Scherba Decision Means for Your South Carolina Divorce Case

Recently, we had a successful appeal come from the South Carolina Court of Appeals involving alimony. It also discussed stock-based compensation and how it is to be treated in divorce cases. In Scherba v. Scherba, (Opinion No. 6128, filed March 18, 2026), the Court of Appeals reviewed a divorce involving a husband who had worked […]

Failure to Obtain Appropriate ERISA Waiver During Divorce Could Cost You Money

The Employee Retirement Income Security Act of 1974 is federal law that guides the administration of all employee-issued retirement accounts and health plans for private individuals. Therefore, if requirements for retirement plans governed under ERISA are not met, you may find yourself in trouble down the road when it comes to who is a direct […]

High Net-Worth Divorce: Protecting Your Assets in Columbia

Navigating a high net-worth divorce in Columbia, SC, presents unique challenges, especially when significant assets are involved. Safeguarding your financial interests is an important part of the process. At Warner Law, we offer strategic legal guidance tailored to your needs, making complex financial negotiations more manageable. Let’s explore key considerations and strategies to help you protect […]

Crafting Parenting Plans for Military Families in Columbia

Creating a stable and effective parenting plan is crucial for military families balancing the unique demands of service life with the well-being of their children. At Warner Law, we understand the challenges faced by military families in Columbia, SC, and are here to guide you through the intricacies of crafting a plan that works harmoniously with […]

How Your Spouse’s Bankruptcy Affects Divorce Proceedings

It is dreadful enough to have to consider divorcing your spouse and all the fear and anxiety that comes with that process. But it appears more daunting when you receive word that your spouse intends to or has filed for Bankruptcy. How will this affect your child support? How will this affect your alimony? Will […]

When and How Is Alimony Awarded

The common questions from our clients in any potential divorce is “How much alimony will I be required to pay and for how long? The answer to these questions is difficult to determine and ultimately is up to the Judge to determine. With this determination comes many subjective factors involved in any Judge’s decision making. […]

Putting a Qualified Terminable Interest Trust to Good Use During Divorce

Life changing events are good reason to ensure that your estate affairs are in order. These may include the addition of a child to your family, the purchase of a home, other changes in assets, or going through a divorce. Whether going through a divorce or otherwise, it is a good idea to consider a […]

Types of Custody Arrangements in South Carolina and When They Apply

South Carolina recognizes three types of custody arrangements between parents: sole custody, joint custody, and shared custody. Sole custody means that a parent is awarded full legal and physical custody of the child(ren). This means that as sole custodian, the parent can make all decisions for the children without having to include the other parent […]

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