Settlyd Editorial Team

Too Early to Sue, Too Late to Prepare? The Supreme Court’s Election-Order Divide

The Court pauses a lower-court injunction, while Justices Sotomayor and Jackson warn that the ruling invites last-minute election disruption.

Why the National Trust Says the White House Ballroom Cannot Proceed Without Congress

The National Trust for Historic Preservation is asking the Supreme Court to keep an injunction in place halting above-ground construction of a proposed $400 million White House ballroom.

North Carolina Supremes Clarify Goodwill in Divorce Matters

In Sneed v. Johnston, the Supreme Court of North Carolina clarified a question in equitable apportionment of marital property: when is the goodwill of a professional practice subject to apportionment as marital property?

South Carolina Court of Appeals Delivers Win for Settlyd Member Ashby Jones

A special congratulations goes to Settlyd Member Ashby Lawton Jones, who represented respondent Patricia McConnell

My Spouse Can't Testify Against Me Right?

Martial privilege is not what you may think

North Carolina Court of Appeals Reverses Rule 60(b)(6) Denial Over Missing Notice

The husband did not attend the November 2024 hearing at which the trial court awarded the marital residence to the wife

Permanent Alimony When Retirement Is Approaching

In long-term marriages, a difficult alimony question frequently arises when the higher-earning spouse is nearing retirement:

Why Preponderance Was Enough in SCDSS v. Pimienta

the proceeding against Pimienta was different.

North Carolina Court of Appeals Affirms DVPO

The father's primary argument on appeal was that the evidence did not support the trial court's finding that he had intentionally caused bodily injury

South Carolina Families Need a Donor Statute for IVF

South Carolina law has not kept pace with modern families.

Marijuana, Guns, and the Commerce Clause: Why Hemani May Be Bigger Than It Looks

Justice Gorsuch’s majority opinion focused on the Supreme Court’s historical-tradition framework established in New York State Rifle & Pistol Association v. Bruen.

North Carolina Court of Appeals Reinforces Constitutional Protection of Parental Decision-Making

The case arose from allegations that a 14-year-old student received a COVID-19 vaccination at a school-sponsored clinic despite his objection and without parental consent.

Facts Matter: The South Carolina Supreme Court Extends Stand Your Ground Immunity to a Third Party B

Facts leading up to that shooting can determine not only the shooter's immunity, but also the immunity of third parties

From Guesswork to Precision: A Better Approach to Alimony Analysis

While formulas like these can provide a quick starting point for settlement discussions, they have one significant limitation

South Carolina Court of Appeals Clarifies Alimony, Retroactive Support, and Limits on Family Court

Although the opinion has no precedential value under Rule 268(d)(2), SCACR, it offers several practical lessons for family law practitioners.

North Carolina Court of Appeals Affirms Primary Physical Custody Despite Father's Request for Equal

The father had moved closer to the children, obtained a flexible work schedule,

Settlyd Practice Tip: Build Better Settlements with the Asset Division Worksheet

The worksheet's flexibility allows you to quickly test multiple settlement scenarios

Defined Benefit Plans in Divorce: Lump Sum Buyout or Monthly Benefit?

Defined benefit plans — commonly referred to as pensions — are often among the most valuable assets in a divorce case.

Settlyd Continues to Expand and Improve for Family Law Professionals

Over the past 18 months, Settlyd Family Law Software has introduced a number of practical upgrades

When Procedure Matters: North Carolina Court of Appeals Vacates Equitable Distribution, Alimony, and

Court of Appeals vacated substantial portions of those rulings and remanded the matter for further proceedings because the record lacked sufficient evidence and proper findings.

State sought to civilly commit Andy Eugene Hyman as a sexually violent predator

When Court Officials Cross the Line: The Murdaugh Jury Tampering Decision

Hill repeatedly made comments to jurors about Murdaugh’s testimony and credibility, including warning jurors not to be “fooled” by the defense and encouraging them to closely watch Murdaugh’s body language when he testified.

A Significant Ruling for Victims Seeking Protection From Harassment During Divorce

The case arose after Emily Major sought a restraining order against her husband during a pending divorce action.

The Client Portal allows clients to securely enter and upload financial information directly into the system.

NC Court of Appeals Upholds an Equitable Distribution and Sanctions Award

At the heart of the case was a highly contested marital estate involving multiple rental properties, two closely held LLCs, insurance proceeds, business income, and post-separation financial transactions.

Settlyd transforms scattered financial data into a structured, comprehensive balance sheet.

From 3 Days to a Strong Temporary Order: How Settlyd Made the Difference

The attorney’s challenge was clear: quickly assemble credible, court-ready financials to support requests for temporary alimony, child support, and exclusive use of the marital home.

By leveraging detailed financial disclosures, the calculator helps attorneys evaluate each party’s true financial position—after taxes, expenses, and other obligations—rather than relying on rough estimates.

At its core, Settlyd allows lawyers to move beyond surface-level income figures and examine the totality of income in a case.

The Financial Affidavit: Why Accuracy Is the Cornerstone of Fair Outcomes in Family Law

When Stipulations Control: Lessons from Biddle v. Biddle (N.C. Ct. App. Apr. 15, 2026)

At its core, Biddle reinforces a fundamental principle: binding stipulations in a pretrial order strictly limit the issues a trial court may decide—and courts may not “do equity” by disregarding those stipulations during classification or valuation.

When income exceeds the threshold child support guidelines

In many divorce cases, determining basic child support is only part of the financial picture—especially when the parties’ combined income exceeds guideline thresholds.

Settlyd helps create resolution to difficult family law matters

result is a clear, reliable picture of each party’s true net income after taxes and deductions.

Court of appeals upholds 50-50 custody award based upon the trial courts finding of “exceptional circumstances.”

Settlyd's Asset Division worksheet facilitates resolution

Dividing assets and debts in a divorce is rarely a simple process

Because the trial court mischaracterized the order as temporary, it applied the wrong legal standard—an error warranting reversal.

Flexibility in a child support calculator is critical

Settlyd’s child support calculator is designed to handle far more than standard custody scenarios.

A central issue was that the trial court relied in part on an unverified written statement attached to the plaintiff’s complaint. Standing alone, such a statement may raise reliability concerns—as stated in the Jay dissent.

Clarity, Compliance, and Contempt: The Holding in Fennell v. Fennell

A deliberate failure to comply—particularly in the face of an unambiguous obligation—will support a finding of willful contempt and expose the noncompliant party to financial sanctions and even incarceration.

When Earning Capacity Controls: The Reversal of Alimony in Scherba v. Scherba

alimony should not function as a disincentive to self-sufficiency

The Alimony

Settlyd Family Law Software helps us create a reasonable alimony buy-out settlement solutions in domestic relations matters, with clarity and fairness.

Understanding Alimony Buyouts in Divorce

When couples divorce, ongoing alimony payments can create financial uncertainty for both parties. One alternative that’s gaining popularity is the alimony buyout — a lump-sum payment that replaces future spousal support obligations.

The Importance of Using Settlyd Family Law Software in Your Family Law Practice

Settlyd Family Law Software has become an essential resource for South Carolina and Charlotte family law firms.

Can escalating conflict between divorced parents lead to a modification of a parenting plan

This issue was addressed on August 22, 2025 by the North Carolina Supreme Court in the matter of Durban v Durban. The facts are rather straightforward and, unfortunately, all too typical.

Preparing the mediator for your divorce mediation

What your family law mediator wants from you before mediation.

When does an order finding a person in civil contempt become effective?

This issue was addressed recently by the North Carolina Court of Appeals in the matter of Bridges v Bridges filed on May 21, 2025. A brief summary of the facts are as follows:

Child Care Tax Credit and Settlyd's Child Support Calculator

Applying the child care tax credit to the child support guidelines

Amended Rule 21 SCRFC goes into effect October 1, 2025.

No more trial by ambush!

Supreme Court Modifies Rule 21 SCRFC: No more trial by ambush!

The Supreme Court amended Rule 21 of the Family Court Rules today. Here are the salient parts:

Divorce mediation: you only get one shot, make it work!

Here is how I prepare for mediation in 5 simple steps. Most times this process takes me between 2 to 5 (billable) hours depending on the complexity of the case.

Division of marital property in a divorce settlement

Division of marital property in divorce does not need to be like a game of chess!

Pensions and Divorce.

A pension is a retirement plan sponsored by an employer.

What to do when a North Carolina family court judge does not rule after a hearing.

The NC Court Of Appeals addressed this issue today in a matter from Lincoln County titled Ludack v Ludack.

Can a mandatory arbitration clause in a contract shorten the statutory period for making a claim?

This issue was addressed by South Carolina Supreme Court today in a contract dispute arising from Richland County in the matter of Huskins, Huskins v Mungo Homes. Plaintiff's had sued Mungo Homes regarding a home purchase.

Calculating alimony in South and North Carolina

alimony statutes create more confusion than guidance.

Two reported Family Law cases from NC Court of Appeals address issues of Venue and Custody.

These two cases did not beak any new legal ground and both point to the clear need for trial lawyers to mindful of what is contained in their pleadings and to clearly preserve the record for appeal.

When can a Family Court Judge seek an opinion from a Guardian ad Litem regarding a custody decision?

Today the South Carolina Supreme Court issued a decision in a custody case from York County, overruling the court of appeals.

Is your client ready for their domestic relations mediation?

Sometimes we, the lawyers, are ready for mediation, but our client is not.

What is the value of my high end flat screen TV in a divorce?

I recently went though something very similar involving the probate of my families' estate in Philadelphia.

Can a Family Court Judge order an inpatient mental health evaluation of a juvenile?

I once heard a family court judge say that if an issue involved a child, he/she could do whatever they wanted. I was not sure at the time if this was correct, and it turns out it was not!

Supremes make clarifications and modifications to Administration of the SC Family Courts.

Are adoption records discoverable?

This novel issue was addressed today, August 7, 2024, by the South Carolina Supreme Court in the matter of E.G. and J.J., v SCDSS, et al.

Is personal goodwill in domestic relations law anti woman and anti family?

On July 31, 2024, in the matter of Bostic v Bostic, the South Carolina Supreme Court found a significant amount of personal goodwill in a dental practice that was formed and built during a long term (45 year) marriage.

How to modify non-modifiable alimony

Subsection 20-3-130(G) of the South Carolina Code of Laws provides in part: "The parties may agree in writing if properly approved by the court to make the payment of alimony . . . nonmodifiable and not subject to subsequent modification by the court.

Can the defense of Duress be used to avoid enforcement of a fully executed Marital Settlement Agreem

After only a 4 year marriage, Husband executed a Marital Settlement Agreement in mediation, with the advice of counsel, that required him to pay out to his then Wife literally hundreds of thousands of dollars in assets and support. The parties did not even have children!

How and when to value the mortgage balance in a family law matter: The homemaker contribution strike

The South Carolina Court of Appeals issued a ruling on June 20, 2024 in the matter of Carter v Carter involving several equitable apportionment issues. The Carters were married 19 years and had several children, all of whom were emancipated at the time of trial, save for a daughter with permanent disabilities.

Is South Carolina child support considered "income" to the receiving party?

A child support award from a prior court order, not involving the children in the current computation, will not be included in gross income to the payor or payee.

Mess around and find out- this lawyer was his own worst enemy.

On May 7, 2024 the NC Court of Appeals awarded Wife, Charity Johnson, an equitable distribution award of over 1.5 million dollars based upon the value of her husband's law practice in Charlotte, Sneed pllc. See Sneed v Johnston.

Can teenagers control a parenting plan?

A fundamental principle of custody law is that a judge makes custody rulings, and these rulings cannot be delegated to third parties. But didn't this just happen in Carballo v Carballo?

Settlyd's net income calculator is a flexible tool for help with support issues.

One of the most difficult parts of any divorce is trying to figure the new monthly budget of the parties, often with much less money than when married.

Can Fixed Fees and Limited Scope Fee Arrangements be of benefit to consumers of legal services?

The billable hour fee structure is the gold standard for law firms. A client will pay a huge retainer into a lawyer's trust account and hope the lawyer will bill against it with the clients best interests at heart.

3 Reasons Settlyd Family Law software will make you a better lawyer.

Settlyd is cloud base family law software designed by two Charleston Family Law Lawyers with over 60 years of combined family law experience. They developed Settlyd specifically for Family Law Lawyers. Here are 3 reasons why Settlyd members love Settlyd:

4 benefits of being in the cloud for lawyers

As lawyers, we are required to maintain confidentiality of our client matters and prevent unlawful access and loss of this data to 3rd parties.

SC Legislature is considering "50-50" custody rules for Family Court

In December of 2022 H 3481 was pre-filed in the SC House. H 3481 is a dramatic realignment of our current custody rules that presumes a 50-50 parenting plan is inherently in the best interests of the minor child(ren.)

Dividing property in a divorce

Marital property is all property acquired during a marriage, except....

IVF, Child Support, In Loco Parentis

IVF, Custody, Visitation, Child Support, Collateral Estoppel, In Loco Parentis... This case has it all!

The 2024 SC Child Support Guidelines have increased income thresholds for child care costs.

In addition to increasing combined annual income for child support calculations, there have been many additional rule revisions to the South Carolina Child Support regs.

Can continuing conflict between parents after a divorce be the basis for a modification of custody.

The question presented was whether ongoing conflict between the parents was sufficient to establish a change of circumstances permitting an action to modify custody, and whether such a change in circumstances adversely effected the children.

Joint custody in contemporary South Carolna

Gandy v Gandy, issued by the SC Ct App on January 24, 2024, is a good illustration of where the law stands regarding contemporary custody matters in South Carolina.

2024 Child support revisions: Whats Changed in the GL's?

An abstract of the rule revisions in ther new 2024 Child Support GL's

Fixed Fees in Family Law

Many law firms have created a very profitable business model capable of handling a large volume of cases,

Be mindful when registering out of state Family Court orders

A recent case from Cabarrus County, NC illustrates the importance pleading a child support modification action under the correct statute.

Early mediation in a domestic relations case

Sometimes an early mediation in a domestic relations matter is helpful to reach a quick and peaceful resolution, but not all cases are suited for it.

Marital Asset Division in the Carolina's

North and South Carolina are both equitable distributions states when it comes to divorce. This broadly means that all property acquired during the marriage will be considered marital for purposes of equitable apportionment.

Contempt of Family Court: what is required to find a violation of a prior order.

Litigants in family court can sometimes have a difficult time proving contempt due to either poor drafting or incomplete court orders.

Mediation of Family Law Cases is often much different that we imagine it to be!

It's hard to imagine, but mediation in domestic relations cases is an adversarial process that leverages settlements of complicated financial and child custody issue.

Fixed Fees and Limited Scope Representation can keep legal fees down.

Many law firms have created a very profitable business model capable of handling a large volume of cases.

When to object?

Making a timely, and immediate, objection is critical to preserving appellate issues.

Are prenuptial agreements always a good idea?

I have been drafting prenuptial agreements for many years, and one that I have done recently has caused me to think a bit more about the point of these documents.

Can a claim to a portion of a military retirement be discharged in Bankruptcy Court?

If military retirement is property, and if property is dischargeable in bankruptcy court, then a claim to a portion of military retirement should be subject to discharge in bankruptcy court, right?

Neglecting a client and their case is one of the main ways lawyers get in trouble.

It is common for us to put off things, especially with difficult clients who take an inordinate amounts of our time.

A very well prepared mediation and a happy mediator.

One of the biggest barriers to resolution a mediator will confront is lawyers who are have not prepared their case for mediation.

Tips for preparing your family law case for mediation.

I have been a trial lawyer for over 30 years, however I am a relatively new mediator. I am finding that many attorneys are not fully prepared for mediation and seem to expect me to fill in the missing pieces and find a settlement for them.

Proper preparation for mediation is critical for family law lawyers.

Did you know a significant minority of lawyers fail to properly prepare, or prepare at all, for a domestic relations mediation?

Brief Summary of Planned Planned Parenthood v South Carolina, et al

In February 2021 Governor Henry McMaster signed a restrictive anti abortion law forbidding abortions once a "heartbeat" can be discerned in a fetus.

Calculating alimony in the Carolinas

For many of us, the North Carolina and South Carolina alimony statutes create more conflict than guidance.

Is early mediation a good idea?

Sometimes an early mediation in a domestic relations matter is helpful to reach a quick and peaceful resolution, but not all cases are suited for it.

The importance of qualifying our entries on a financial affidavit

Properly notating and qualifying entries on a Financial Affidavit for use in Domestic Relations Court can prevent a lot of subsequent problems.

What to consider when choosing a family law mediator

No two family law cases are alike and a "one type fits all" attitude regarding choosing a mediator may not lead to the best result.

Negotiating support issues in divorce

Often support negotiations are some of the most difficult negotiations in a domestic relations case. While child support is a simple algebraic formula, alimony is an entirely different matter.

5 common mistakes made in divorce litigation

Family Law is a very complicated and nuanced area of law. In fact, Family Law is so difficult that many of us will not engage in any other practice areas. After 31 years as an attorney, here are what I feel are some common errors lawyers make in a Family Law case.

How to lose $100,000 in your divorce.

In February of 2005 the Family Court in Wake County, NC approved a consent order awarding Husband just over $106,000 in retirement funds to be paid to him from his Wife's 401(k) by way of QDRO. The requisite documents were never submitted to the trial court, and the ordered amounts were never transferred from Wife’s IRA and 401(k) accounts to Husband.

Helping the mediator help you

Some Family Law lawyers don't prepare for mediation in a way that gives them the best chance to settle their dispute. Here are some suggestions that will improve the chances of reaching resolution.

How to separate assets and debts in divorce

North and South Carolina are both equitable distributions states when it comes to divorce. This broadly means that all property acquired during the marriage will be considered marital for purposes of equitable apportionment.

Common law marriage in SC

Why do we have a legal theory called "Common Law Marriage?"

Who is responsible for a divorce?

Science informs us that we are not separate from the reality we experience everyday. We are born of this earth and entirely dependent upon the earth for our survival.

Mediation often comes down to the little things.

Most people think mediation is a cooperative process where everyone sits around a table and calmly resolve all issues in the dispute rationally and with dignity.

3 Steps to prepare for a client meeting with Settlyd

I though it would be helpful to share how I am preparing for a Cooperative Family Law settlement conference this morning where the support issues are dominant:

My take on the Brittney Griner detention in Russia

I have heard in the media and among my liberal friends that Brittney was playing basketball in Russia because she could not earn enough income in the USA.

What will be required to prosecute a woman who is alleged to have gotten an illegal abortion?

Now that our society has regressed and outlawed adoration, how must the state prove an abortion case?

NC Ct. App. clarifies procedure regarding motions to change child custody.

How to calculate alimony

For many of us, the North Carolina and South Carolina alimony statutes create more confusion than guidance. These statutes places a high degree of discretion on the Court when making an award of alimony or spousal support.

Help! I spent 15 hours in a Divorce Mediation and settled my case, but now my spouse tells me he is

Family Law mediations generally start at around 9 or 9:30 AM and go until there is an impasse or settlement. I have been in mediations that have lasted between 12 and 15 hours.

What goes on in a Family Law Mediation?

Mediation in domestic relations cases is an adversarial process that leverages settlements of complicated financial and child custody issue. I say "leverage" because after a mediation both parties generally feel as if they had no option but to agree to a settlement that was not entirely to their liking.

What is required for a successful family law mediation?

Family law disputes are some of the most legally complicated and emotionally fraught cases in our judicial system. These kind of cases are not for the faint of heart and, sooner or later, both parties, their lawyers and perhaps a related professional or two, will end up in a mediation process.

Does the South Carolina Constitution Protect a Woman's Right to an Abortion?

Roe v Wade was not an abortion decision, it was a decision that recognized that the United States Constitution provides an unenumerated right of privacy to United States citizens.

Can a sperm donor claim parental rights if the recipient/donee and her spouse divorce?

This question was recently addressed by an unpublished NC Appellate Court opinion filed on May 17, 2022 in McLane v Goodwin-McLane and Peackock.

Fixed Fees In Family Law Disputes

The growth of tort litigation that began during the middle of the last century caused the insurance companies consolidate their legal work with individual law firms to defend all claims. In response, law firms created a business model capable of handling the defense of a large volume of tort litigation. A critical financial component of this new, large insurance defense law firm was the billable hour fee arrangement.

Dealing with a narcissist in divorce

The New Oxford American Dictionary defines narcissism as : Excessive or erotic interest in oneself and one's physical appearance. Extreme selfishness, with a grandiose view of one's own talents and a craving for admiration, as characterizing a personality type.

NC Family Court reversed after awarding Wife 80% of Husband's net monthly income.

On April 5 the North Carolina Court of Appeals reversed the trial court in Brady v Brady after finding an award representing 80% of Husband's net income was not reasonable.

Can the Family Court "break" a Trust if there are allegations that it is illusory?

Recently there was a claim made in the Charleston Family Court that an overseas Trust was fraudulent and being used to hide marital assets.

Can personal goodwill attach to proceeds from the sale of a business?

The South Carolina Court of Appeals recently issued a decision from a Beaufort divorce case finding that certain proceeds from the sale of a dental practice did not contain "personal goodwill" which would have passed to the exclusive benefit of Husband/Dentist. Bostic v Bostic.

3 Steps To Prepare For A Client Meeting With Settlyd

I though it would be helpful to share how I am preparing for a Cooperative Family Law settlement conference this morning where the support issues are dominant:

Why we love the practice of family law

We love family law because it constantly challenges us. Family law is some of the most important and complicated work in which lawyers in the United States engage.

NC Court of Appeals clarifies requirements that create a binding oral stipulation in the Family Cour

Many times legal disputes (including domestic relations) are resolved on the proverbial "courthouse steps" without first reducing the agreement to writing. While this is not a preferred method of settlement, it is sometimes the only way to get a case resolved.

Can the court appoint a third party to monitor and approve modifications to a parenting plan?

Sometimes a parent is behaves so badly, or has significant mental health and/or substance abuse issues, that at the time of trial they are unfit to have visitation with their children. This puts the trial court in a very difficult situation.

North Carolina Protective Orders: What proof is required?

Today, February 15, 2022, Charlotte lawyers at Arnold & Smith, PLLC received a favorable ruling by the North Carolina Court of Appeals in an appeal from the trial court's issuance of a domestic violence protective order in the matter of Walker-Snyder v Snyder.

How to find equity in the equitable distribution of a marital estate.

Equitable means "fair", not "equal", and finding fairness in property division in a divorce is often not as complicated as one may think.

Tai Chi and the art of family law

Many people, including many of my colleagues in the Bar, feel that "might makes right" and that brute force is necessary to prevail in a contested family law case.

The SC "stepparent adoption" statute provides solutions for single parents.

Most people know that a stepparent can adopt their new spouses children when the facts permit. However the South Carolina adoption statute states that “......... any person may adopt a child to whom he is related by blood or marriage.”

Supreme Court rules adoptions turn on best interest of child, not the parents.

South Carolina Supreme Court discusses "Best Interest of Child" in overturning Court of Appeals adoption ruling.

What constitutes "bad faith" in a North Carolina child support case?

The North Carolina Court of Appeals published the matter of Mendez v Mendez on December 21, 2021 wherein it found (among other issues) that Dad was not acting in bad faith when physical ailments and a plan to attend law school caused reduction in his income.

Holiday's and blended families

The end of the year Holiday Season can be a frantic and discombobulating for the strongest family bonds. Divorce, re-marriage, and step kids only adds to the fun! Here are a few tips my clients have used to alleviate the holiday crazies when two families are in play.

NC Ct of Appeals Rules Mom's new Husband is bad news- gives custody to GPs

On December 7, 2021 the NC Ct of Appeals ruled that Mom's failure to protect her child from her new husband's harsh treatment was grounds to grant the paternal Grandparents request for custody.

Can the "My Lawyer Told Me To Do It" defense prevail in Family Court?

The SC Court of Appeals in Campione v Best recently made a finding of contempt against a former husband for (among other things) failing make certain quarterly payments to his ex wife in violation of the terms of their divorce decree.

Determining the appropriate amount of alimony for your family law case.

For many of us, the North Carolina and South Carolina alimony statutes create more confusion than guidance. These statutes places a high degree of discretion on the Court when making an award of alimony or spousal support. Without a clear, precise, and reasoned demand from one of the parties, a Court can err greatly and leave a family member in a state of financial distress.

How To Account For Special Equity In Divorce Litigation

"A special equity interest is created when one spouse’s direct or indirect contributions increased the value of the other spouse’s non-marital property."

Student Loans Can Constitute Marital Debt as per NC Court of Appeals

North Carolina Court of Appeals recently cleared up a lingering issue in Family Law regarding responsibility for student loans in divorce matters. Purvis v Purvis 2021-NCCOA-616. Filed 16 November 2021.

Can a same sex couple claim to be common law married in South Carolina?

Common law marriage was ended in South Carolina July 24, 2019. This only applies prospectively. In other words, all claims of common law marriage that existed prior to July 24, 2019 are still valid claims.

Family Law and Family Law lawyers

When people hire a divorce lawyer they are getting not only a strong advocate for their legal position but they should also be getting impartial legal advice regarding their stated goals.

Cooperative Family Law

Lawyers are well aware of the harm that litigation can do to families in a divorce or separation. This is one of the reasons lawyers brought us Mediation, Arbitration, Collaborative Law and other forms alternative dispute resolution.

Ethics and Family Law

Domestic relations attorneys will often say that they they are simply "zealously representing their client" as is required by our Rules of Professional Conduct.

Fixed fee arrangements can help keep legal fees down for consumers of legal services.

The growth of tort litigation that began during the middle of the last century caused the insurance companies consolidate their legal work with individual law firms to defend all claims against. In response, law firms created a business model capable of handling the defense of a large volume of tort litigation.

The Request For Therapy Records In Divorce Litigation

Therapists and others in the mental health community are often unsure what to do when confronted with a request for a client's therapy records from a divorce lawyer. Here are a few practice pointers based on what I have learned over the years.

What constitutes "income" when making an alimony award?

Alimony is not an exact science in South Carolina. 13 separate factors must be separately analyzed and each one specifically addressed when making an alimony order.

NC Court of Appeals cautions family law lawyers: Be precise in your drafting.

On August 17 the NC Court of Appeals overruled finding of contempt by the trial court in the matter of Walter v Walter due to the drafting of a summer visitation schedule.

Long Term Separation

Is it advisable for parties to separate and wait one year, or longer, before filing for divorce and a resolution of the property, support, and children's issues?

Does might make right in family court?

Many people feel that "might makes right" and that brute force is necessary to prevail in a contested family law case.

Must married couples wait one year before beginning the divorce process?

Married couples must wait one year before an uncontested divorce, but can permanently resolve all issues between them much earlier than this.

Be careful when dividing retirement accounts

There are many different kinds of retirement accounts, and when people get divorced, there are just about as many different ways to divide them. Knowing the pitfalls can be beneficial for a fair resolution.

Child support extrapolations for shared parenting plans

Settlyd provides you with a method to calculate child support for shared parenting plans when combined income exceeds the Child Support Guidelines.

The Guardian ad Litem in a private family court case: A process unique to family law.

One of the most common questions family law attorneys get from new clients is what is this thing called a "guardian" and do they have to have one involved in their case?

Fixed Fees and Limited Scope Engagement Agreements

The billable hour engagement process is outdated and too exspensive for consumers of legal services.

The Cost and Benefit of Alimony Payments

Is there a cost/benefit to Alimony since the tax rules changed in 2017?

Calculating overnights in unique parenting plans

Settlyd's overnight calculator has pre-set defaults which should be customized to the facts of your case.

Maintaining joint ownership of marital property after divorce.

If left to a Judge, no property acquired by the parties during they marriage will be maintained as joint property after the divorce.

How To Create Side by Side

Settlyd permits us to create side by side comparisons in both the Asset Division Worksheet and the Net Income Worksheet. Both worksheets have 2 columns; an "A" and a "B".

What does Alimony "cost"?

Is all money the same since alimony is non-taxable, non-deductable. Well, not really, and Settlyd has a tool to help you figure this out.

Social Security After Divorce

Many people are confused about Social Security payments after a divorce. Below is a quick primer.

Calculating Disposable Net Income With Settlyd

Settlyd Precisely Determines Disposable Cash For Your Family Court Support Cases.

How To Create Side by Side "What If" Scenarios in Settlyd.

Settlyd permits us to create side by side settlement options in both the Asset Division Worksheet and the Net Income Worksheet. Both worksheets have 2 columns, and "A" and a "B".

What happens when mediation fails?

The clear policy of our courts is to encourage and facilitate out of court settlements of disputes. In fact, as you have heard me tell you many times, mediation settles 90%+ of all disputes. But disputes do sometimes become deadlocked; trials do happen and "winners" and "losers" are declared.

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Articles by Settlyd Editorial Team