Resources

Knowledge Center

Attorney Nick Mermiges has recorded informational videos and written detailed articles on issues that frequently arise during the family court process in South Carolina. Search 20 articles, papers, FAQ pages and videos — and 57 individually answered questions — by topic or keyword.

Child Custody

How South Carolina family courts decide custody and visitation, what evidence matters, and what happens when a situation is urgent.

6 resources · 14 questions

Divorce

Grounds for divorce, the one-year separation, and how a South Carolina divorce moves from filing to a final decree.

8 resources · 24 questions

Property Division

Equitable division of marital property: what is marital, how it is valued, and who keeps the house, the business and the retirement.

7 resources · 11 questions

Alimony & Child Support

Alimony and child support in South Carolina: the types, the factors, the guidelines and when support can change.

3 resources · 6 questions

Military Families

Military retired pay, VA disability, SBP, BAH and deployment — the federal rules layered on top of South Carolina family law.

3 resources · 9 questions

Modification & Enforcement

After the final order: changing custody, visitation or support when circumstances substantially change — and what to do when the other side will not follow the order.

3 resources · 3 questions

Discovery & Evidence

Discovery, text messages, financial records and the rules that decide what a family court judge will actually consider.

3 resources · 3 questions

Family Court Procedure

Temporary hearings, emergency relief, affidavits, discovery deadlines and the mechanics of a South Carolina family court case.

5 resources · 6 questions

New analysis

Article New Can I Get an Emergency Custody Order in South Carolina? When a child's safety is at stake, the family court can act within days, and sometimes the same day. Here is the standard for ex parte and expedited relief, and the... Article New Can I Use My Spouse's Text Messages Against Them — and Can They Use Mine? Text messages are often the most persuasive evidence in a South Carolina divorce or custody case. Whether they help you or destroy you depends on two things: how you... Article New How Do I Change Custody or Child Support After the Final Order? A final order is final — until someone proves a substantial change in circumstances. Here is what that phrase actually means, what tends to qualify, and how... Article New My Ex Isn't Following Our Court Order or Agreement. What Can I Do? A family court order is enforceable — but only through the court, only if the violation was willful, and only if the order was actually entered. Here is how... Article New My Spouse Won't Turn Over Documents: How Discovery Enforcement Works in South Carolina Family Court When a spouse ignores discovery in a South Carolina divorce or custody case, the rules give the judge a ladder — a good-faith letter, a motion to compel, and fee... Article New Who Gets the Business? Who Gets the Retirement? Dividing Complex Assets in a South Carolina Divorce The name on the account decides almost nothing. What decides the outcome is a date, a distinction between two kinds of growth, and the difference between a business's...

Articles & white papers

Articles & Videos →
White paper Chapter 61 Disability Retirement, CRDP, and Divorce: A Recent DoD Reversal That Restores What Many Military Spouses Lost The Department of Defense's February 2026 revision to its Financial Management Regulation materially changes the division of military retired pay for Chapter 61... White paper Grandparents' Rights to Visitation and Custody in South Carolina What happens when grandparents have raised a grandchild for months or years and a biological parent wants them back — or when a divorce suddenly cuts grandparents off... White paper High Asset & Complex Divorces in South Carolina When one spouse controls the money, the other can be left in the dark. The recurring issues in high-asset divorces — and what a prepared attorney looks for. White paper Prenuptial Agreements in South Carolina: Scope and Proper Execution South Carolina has no statute that comprehensively governs prenups. What can be bargained away, and what does it take to execute an agreement that will hold up?

Frequently asked questions

All FAQs →
FAQ Alimony & Child Support — Frequently Asked Questions Answers to the most common questions our clients ask about alimony (spousal support) and child support in South Carolina. FAQ Custody & Visitation — Frequently Asked Questions Answers to the most common questions our clients ask about child custody and visitation in South Carolina — the types of custody, standard visitation schedules, and... FAQ Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about the divorce process in South Carolina — grounds for divorce, the court process from filing through trial,... FAQ Military Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about military divorce and custody cases in South Carolina. Columbia is home to Fort Jackson, and our firm has... FAQ Property Division — Frequently Asked Questions Answers to the most common questions our clients ask about the division of marital property and debts in South Carolina — equitable distribution, how specific assets...

Videos

Articles & Videos →
Video Equitable Division of Marital Assets and Debts in Divorce Columbia, SC Divorce Attorney Nick Mermiges explains how the Court divides marital assets and debts in divorce, and what specific property and debts are classified as... Video Filing for Separation in South Carolina Columbia SC Divorce Attorney Nick Mermiges explains what it really means to 'file for separation' before a divorce in South Carolina, what relief the Court can order,... Video Grounds for Divorce in South Carolina Columbia SC Divorce Lawyer Nick Mermiges explains both the no-fault and fault-based grounds for divorce in South Carolina, as well as the specific evidence that must... Video How Alimony is Calculated & Alimony Modifications in South Carolina Columbia, SC Divorce Attorney Nick Mermiges explains how entitlement to alimony is treated by South Carolina divorce courts, the different types of alimony, the most... Video Military Divorce & Custody: Common Issues in South Carolina Columbia, SC Divorce Attorney Nick Mermiges discusses the most common issues unique to military divorce and custody cases in South Carolina, including military...

Answered questions

Browse by FAQ page →
How is child support calculated? Child support is based on the South Carolina Child Support Guidelines (Schedule A), which use a formula involving both parents’ gross incomes, the... Alimony & Child Support FAQs Does alimony affect child support? Yes. Alimony is calculated first. If alimony is paid, the amount is deducted from the payor’s gross income and added to the recipient’s gross... Alimony & Child Support FAQs Is alimony tax-deductible? No. Under the Tax Cuts and Jobs Act of 2017 (effective for divorce agreements executed after December 31, 2018), alimony is no longer tax-deductible for the... Alimony & Child Support FAQs How long does alimony last? For marriages under 10 years, permanent alimony is rare. It is often used as a negotiating tool or restricted to a short duration (rehabilitative alimony).... Alimony & Child Support FAQs Can I get alimony if I cheated? No. Adultery is a complete, statutory bar to receiving alimony in South Carolina. S.C. Code Ann. § 20-3-130(A) ; Doe v. Doe , 286 S.C. 507, 334 S.E.2d 829... Alimony & Child Support FAQs What is the difference between legal and physical custody? Legal custody refers to decision-making authority over major issues affecting the child (education, medical care, religious upbringing). Physical custody... Custody & Visitation FAQs What is "Joint Legal Custody"? Joint legal custody requires parents to consult with each other before making major decisions about the child. However, one parent is usually designated as... Custody & Visitation FAQs What is a standard visitation schedule? Standard visitation for the non-primary parent is typically every other weekend (often Friday to Sunday or Monday) and perhaps one evening during the week,... Custody & Visitation FAQs Can we agree to 50/50 custody? Yes, you can agree to any schedule, such as week-on/week-off or a 2-2-3 rotation. However, courts in South Carolina generally do not order 50/50 schedules... Custody & Visitation FAQs Can I stop my spouse from drinking around the children? Yes. You can request a restriction prohibiting the consumption of alcohol during parenting time. S.C. Code Ann. § 63-15-240 . Custody & Visitation FAQs How can we enforce an alcohol restriction? You can require the use of monitoring technology such as Soberlink or BACtrack (breathalyzers with facial recognition) before and during parenting time.... Custody & Visitation FAQs Can I get a drug test for my spouse? Yes. You can request hair follicle or nail bed testing to detect historical drug use (going back roughly 90 days) if there are allegations of substance... Custody & Visitation FAQs Can I stop my spouse from introducing a new boyfriend/girlfriend to the kids? Standard court orders typically include a “paramour provision” prohibiting a parent from having a romantic partner overnight while the children... Custody & Visitation FAQs Can I move out of state with the children? Standard orders usually require notice (often 90 days) before moving more than a certain distance (e.g., 15 miles). Many orders also require the other... Custody & Visitation FAQs Can I request that my spouse not use corporal punishment? Yes, agreements and court orders can include a restriction on corporal punishment (spanking) during parenting time. S.C. Code Ann. § 63-15-240 . Custody & Visitation FAQs When can I file my case? If there are fault-based grounds for divorce that are recent in time (generally within the past six months) and have not been condoned, you can initiate... Divorce FAQs What counts as "marital fault" in South Carolina? Marital fault grounds include adultery, habitual drunkenness (including alcohol or drug use), and physical cruelty. S.C. Code Ann. § 20-3-10(1), (3), (4) . Divorce FAQs Can I file for divorce if we are still living in the same house? You can file for a fault-based divorce (such as adultery) while living together, but to file for a no-fault divorce or separate support and maintenance... Divorce FAQs What is "condonation" of adultery? Condonation occurs if you discover your spouse’s infidelity and then continue to live with them or resume sexual relations; this can prevent you from... Divorce FAQs Is there such a thing as "abandonment" if I move out? Legally, moving out to separate is not generally considered “abandonment” in the way clients fear, but staying in the home can provide leverage... Divorce FAQs Can I date other people once we are separated? Your lawyer will generally advise against dating until you have a signed settlement agreement. However, lawyers are very cautious. In non-custody cases, the... Divorce FAQs How long does a no-fault divorce take? You must live separate and apart for one continuous year before a no-fault divorce can be finalized. However, if there are unresolved and contested issues,... Divorce FAQs Can we get divorced faster if we agree on everything? If you have fault grounds (such as adultery) and a full agreement, a divorce can be finalized as quickly as 90 days after filing. S.C. Code Ann. § 20-3-80 . Divorce FAQs How do I prove my spouse is cheating if they won't admit it? You generally hire a Private Investigator (PI) to prove “inclination” (romantic intent) and “opportunity” (being alone together in a... Divorce FAQs What if my spouse threatens suicide or acts erratic? You should document the behavior (photos, texts) and, if there is an immediate threat of harm, consider filing for an Order of Protection, which can remove... Divorce FAQs What happens at the first court hearing? Called a “temporary hearing,” this 15–30 minute hearing takes place at the beginning of your case. The Court will review written submissions and... Divorce FAQs Will I have to testify at the temporary hearing? No. In South Carolina, temporary hearings are based on written affidavits (sworn statements) and financial declarations, not live testimony. In very rare... Divorce FAQs What is an affidavit? An affidavit is written sworn testimony. It is a written, notarized letter to the judge where you tell your story, explain your background, and state what... Divorce FAQs Can I get friends or family to write affidavits for me? Yes, you can submit supporting affidavits from witnesses who can attest to your character or specific incidents relevant to your case. Divorce FAQs What is a Guardian ad Litem? A Guardian ad Litem is a person, usually a lawyer, appointed by the court to represent the best interests of the children. They investigate the family,... Divorce FAQs Who pays for the Guardian ad Litem? Typically, the cost (often a retainer of $750–$1,000 per party) is split 50/50 between the spouses, though the court can reallocate fees later. S.C. Code... Divorce FAQs What is mediation? Mediation is required in all contested cases. With a few exceptions, you must complete mediation in order to request a trial, and if you do not request a... Divorce FAQs What happens if we settle the case? If you reach an agreement, it is written up, signed, and presented to the judge at a final hearing for approval to become a court order. S.C. Code Ann. § 20-3-130 . Divorce FAQs What is discovery? Discovery is the process of exchanging information, including 3–5 years of financial records (bank statements, credit card statements, tax returns),... Divorce FAQs Can I get my spouse to pay my legal fees? You can request it, but courts rarely order one spouse to pay the other’s attorney’s fees unless there is a significant disparity in income or... Divorce FAQs What if my spouse is hiding money? During the discovery phase, you can subpoena bank records, credit card statements, and electronic payment records (such as Venmo, Zelle, or PayPal... Divorce FAQs Can I change my child's name in the divorce? Yes, the court can order a name change for a child and order the birth certificate amended as part of the final order. S.C. Code Ann. § 15-49-10(B) . Divorce FAQs What if my spouse is in the military? Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the “marital... Divorce FAQs Can I take the children out of the country? International travel with children requires a passport. If the parents cannot agree, the court can set rules for holding the passport and allowing... Divorce FAQs What if my spouse is in the military? Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the “marital... Military Divorce FAQs What is the 10/10 rule? Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if the marriage overlapped with at least 10 years of creditable military... Military Divorce FAQs Can my spouse's VA disability pay be divided? No. VA disability compensation is exempt from division as property under federal law. However, if a service member waives a portion of their retirement pay... Military Divorce FAQs What if my spouse is being medically retired under Chapter 61 — is the pension still divisible? Until February 2026 this was one of the most uncertain areas of military divorce law, and for a stretch of roughly three years it was a serious problem for... Military Divorce FAQs Does my spouse's BAH count as income for child support? Yes. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are included in gross income for purposes of calculating child support... Military Divorce FAQs What protections does the Servicemembers Civil Relief Act provide? The SCRA allows active duty service members to request a stay (postponement) of civil proceedings, including divorce, if military duty materially affects... Military Divorce FAQs Can my former spouse keep Tricare after the divorce? A former spouse can retain full Tricare benefits if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service,... Military Divorce FAQs How does a PCS order affect custody? A Permanent Change of Station (PCS) order that requires a service member to relocate can trigger a custody modification. South Carolina courts evaluate... Military Divorce FAQs How is marital property divided? The court seeks an “equitable division,” which usually means a 50/50 split of all assets and debts acquired during the marriage. This can vary... Property Division FAQs Is my inheritance marital property? Generally, no. An inheritance kept in a separate account in your name alone is non-marital property. However, if you comingle it — for example, by... Property Division FAQs Is my engagement ring marital property? No. An engagement ring is a conditional gift given in contemplation of marriage. The condition is fulfilled upon marriage, at which point the ring becomes... Property Division FAQs Are gifts between spouses during the marriage marital property? Yes. Gifts given between spouses during the marriage (such as jewelry or cars) are generally considered marital assets subject to equitable division. S.C.... Property Division FAQs Who keeps the house? Usually, one spouse buys out the other’s share of the equity. If neither can afford to do so, the house is sold and the proceeds are divided. The... Property Division FAQs How do we value the house? You can agree on a value (often based on a comparative market analysis or online estimate) or hire a professional appraiser. If you go to trial, the judge... Property Division FAQs What happens to our debts? Marital debts (credit cards, loans) incurred during the marriage are also divided equitably, regardless of whose name is on the account. S.C. Code Ann. §... Property Division FAQs Can I make my spouse pay for my student loans? Generally, student loans are the responsibility of the person who took them out, unless you can show the loan proceeds were used for marital living expenses... Property Division FAQs Will I get part of my spouse's business? If the business was started or built up during the marriage, it is a marital asset subject to equitable division. However, the court distinguishes between... Property Division FAQs What date is used to value our assets? The marital estate is generally fixed on the date of filing. Debts incurred or assets acquired after the filing date are generally considered separate... Property Division FAQs

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