Sligh Law Firm, PA Sligh Law Firm, PA 2026-09-11T10:07:07Z https://www.horrylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502098/2020/07/cropped-favicon-32x32.png On Behalf of Sligh Law Firm, P.A. <![CDATA[What to expect during South Carolina divorce mediation]]> https://www.horrylaw.com/?p=47552 2026-09-11T10:07:07Z 2026-09-11T10:07:07Z A mediator manages the discussion but does not make rulings The mediator does not act like a judge. Instead, the mediator works with both spouses to identify disputed issues, encourage settlement and keep the discussion focused. Mediation may involve property division, support or parenting issues. General background on divorce procedure in South Carolina can help explain where mediation fits in a contested case.

Sessions often involve separate discussions and settlement proposals

Mediation sessions often begin with a short explanation of the ground rules. In many cases, the spouses stay in separate rooms while the mediator moves between them to discuss possible terms. This structure can reduce direct conflict and give each spouse a chance to speak candidly about settlement. If the spouses reach an agreement, the terms may later become part of the divorce resolution.

Preparation can affect the outcome

A spouse may approach mediation more effectively with organized financial records, clear parenting priorities and a realistic view of where compromise makes sense. Preparation matters because mediation focuses on settlement, not on proving every point the way someone would at trial. A spouse dealing with related family law disputes that move through mediation may also need to consider how financial or parenting issues affect the larger divorce case. A lawyer can review the disputed issues, prepare for the session and assess whether a proposed agreement protects the spouse’s long-term interests.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[What is a right of first refusal in custody plans?]]> https://www.horrylaw.com/?p=47551 2026-08-28T14:50:24Z 2026-08-28T14:29:52Z How does a right of first refusal work? A right-of-first-refusal provision generally requires a parent to contact the other parent before arranging outside childcare when the parent will be unavailable for a specified period. The other parent can then decide whether to care for the child during that time, subject to the terms of the parenting plan. South Carolina law allows parenting plans to address parenting time and other arrangements involving a child's care. A right-of-first-refusal provision can be one way to address childcare during a parent's scheduled time. For example, a plan might require a parent to contact the other if they expect to be unavailable for four or more hours.

When can this provision be useful?

This arrangement may be helpful when a parent's work schedule, travel or other obligations regularly create childcare needs during scheduled parenting time. It can give both parents a defined process for handling those situations instead of leaving each parent to make separate arrangements. The provision may be particularly relevant for parents with demanding or changing work schedules. Parents can discuss whether the arrangement fits their circumstances when creating or modifying a child custody plan.

What should the parenting plan address?

The provision should explain when the right applies and how the parents should communicate. Parents may also want to address how much notice is required, how the other parent responds and whether specific exceptions apply. For example, a plan could distinguish between a short absence and an extended period when childcare is needed. Specific language can make it easier for both parents to know what the parenting plan requires in a particular situation.

Creating a workable custody plan

A right of first refusal is only one part of a parenting plan. Its value depends on whether the terms fit the family's circumstances and clearly address situations that may arise. Considering these details when establishing or modifying a custody arrangement can help parents create a schedule that works for their children and their day-to-day lives.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Can you use a small estate procedure in South Carolina?]]> https://www.horrylaw.com/?p=47550 2026-08-24T09:19:49Z 2026-08-24T09:19:49Z When can a small estate procedure apply? South Carolina allows a simplified process for certain estates valued at $45,000 or less, after certain deductions. This limit took effect in May 2025. The estate must meet the other requirements under South Carolina law. The estate's value does not answer the question by itself. The type of property and the status of the probate case also matter. For some personal property, a person who has the right to inherit may use an affidavit to collect property without opening a full estate administration. These rules provide the starting point for determining whether a simplified process may apply.

What requirements must you meet?

For the personal property affidavit process, South Carolina law sets several requirements:
  • At least 30 days must pass after the person's death.
  • No one can have a pending application or petition to appoint a personal representative.
  • The court cannot have already appointed a personal representative.
  • The estate must meet the applicable value limit.
  • The person seeking the property must have the legal right to receive it.
  • The affidavit must identify the deceased person, the property and the people entitled to receive it.
The South Carolina Judicial Branch provides a specific form for this process. Other simplified procedures may apply when a personal representative already handles the estate. The facts of each estate determine which option fits.

What should families consider?

Families should identify the deceased person's assets, debts and property ownership before choosing a probate procedure. They should also look for a will and check whether someone has already started a probate case. A small estate procedure can reduce the steps a family must take when an estate meets the required conditions. However, an estate under the dollar limit does not automatically qualify for every simplified process. Reviewing the estate's assets and circumstances can help families understand which probate option may apply.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Can parents refuse grandparent visitation in South Carolina?]]> https://www.horrylaw.com/?p=47548 2026-08-12T07:07:44Z 2026-08-12T07:07:03Z Courts give weight to a parent’s decision If you ask a family court for visitation, the judge must respect the parent’s decision unless the facts meet the legal standard. South Carolina law starts with the view that a fit parent acts in the child’s best interest. A close relationship with your grandchild does not, by itself, give you a right to visit. A judge does not simply decide whether another arrangement would seem better. The law places strong limits on when a court may override a parent’s choice. Your situation must first fit the conditions that South Carolina sets for grandparent visitation.

When grandparents may seek court-ordered visits

You may seek grandparent visitation when one or both parents have died, or when the parents have divorced or live in separate homes. You must also show that a parent or guardian has unreasonably denied you visits. South Carolina law specifically addresses a denial that lasts more than 90 days. You must meet other requirements as well. The judge must find that visits would not interfere with the relationship between the parent and child. You must also provide clear and convincing evidence that the parent or guardian is unfit, or that there are compelling reasons to override the rule that a fit parent acts in the child’s best interest. If you are considering court action, you might keep records of your past visits and any later limits on contact. Messages about denied visits could help show how the situation changed.

Understand what matters before seeking visitation

Losing contact with your grandchild can be difficult. Understanding the limits of South Carolina law may help you assess whether court action fits your situation. A clear timeline and well-kept records could help you prepare before deciding what to do next.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Can cohabitation end alimony in South Carolina?]]> https://www.horrylaw.com/?p=47546 2026-08-04T18:02:10Z 2026-08-04T18:02:10Z The 90-day rule applies to periodic alimony South Carolina law includes rules on when periodic alimony can end, including when the supported spouse lives with a romantic partner for at least 90 days. The question is not just whether the former spouse is dating. The court looks for a continuing living arrangement that meets the state's continued cohabitation standard. This matters because a motion to end support may fail if it treats a dating relationship like a shared home without enough proof.

What facts may show continued cohabitation?

A court may look for signs that the former spouse and their romantic partner share a home in a steady way, not just on weekends or from time to time. Evidence may include:
  • A common address
  • Shared bills
  • Witness accounts
  • Social media posts
  • Other records showing that the couple lives together on an ongoing basis
These details matter because suspicion alone usually is not enough to meet the legal standard.

Timing and proof can shape the result

A motion to end support usually depends on evidence, timing and the type of alimony already in place. Disputes over continued support payments can become more complicated when one side files too early or relies on weak proof. A family lawyer can assess whether the record supports termination of alimony, since a premature filing may make a valid claim harder to prove later.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[No response from executor: How can heirs enforce probate rights?]]> https://www.horrylaw.com/?p=47543 2026-07-13T16:27:58Z 2026-07-13T15:52:03Z What are an executor's legal obligations? An executor has specific legal duties they must carry out. These include gathering all estate assets, paying outstanding debts and giving property to heirs as directed by the will. The executor must also keep heirs informed throughout the process. This means regularly sharing updates and answering questions on time. Heirs have a right to know what is happening with the estate. Going silent or stalling without a good reason may be a breach of duty.

When does silence become a problem?

Some delays in probate are normal. Large or complex estates take time to settle. However, long stretches of silence are often a red flag. If months pass with no updates or responses, heirs have reason to worry. Missing court deadlines or failing to file required papers also signals that something may be wrong. South Carolina law strictly requires executors to close the estate within one year from their date of appointment, unless the probate court grants a formal extension.

What legal options do heirs have?

Heirs can take action if an executor is not responsive. The probate court has the power to step in and require action. Heirs can file a petition asking the court to demand a full accounting of estate assets and the steps taken so far. The court may also order the executor to act or explain any delays. If the executor has mismanaged funds or acted in bad faith, the court can hold them personally responsible. In serious cases, the court can remove the executor entirely and name a new one to take over.

Protecting your inheritance rights

Addressing an unresponsive executor requires prompt action. Create a clear timeline showing how long the executor has been unresponsive. This organized record becomes valuable evidence if court intervention becomes necessary. Acting early can help you hold executors accountable and keep the estate settlement on track.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[What happens in a temporary hearing during a pending divorce?]]> https://www.horrylaw.com/?p=47542 2026-07-10T09:19:51Z 2026-07-10T09:19:51Z What is the purpose of a temporary hearing? A temporary hearing establishes court orders that remain in effect until the final divorce decree. The judge makes decisions about immediate concerns that affect daily life. These orders can provide structure and stability during an uncertain time. South Carolina family courts hold these hearings to address pressing issues that cannot wait for the final trial. The decisions made are not permanent but serve as a bridge until the divorce concludes.

What issues does the court address?

The judge can rule on several critical matters during this hearing. Common issues include:
  • Child custody and visitation schedules
  • Temporary child support
  • Temporary spousal support
  • Payment of household bills and expenses
  • Use of the marital home
  • Protection orders if safety concerns exist
The judge bases decisions on the evidence presented. While these rulings are temporary, they may often influence the final divorce settlement.

How should someone prepare for this hearing?

Temporary hearings are typically shorter than final divorce trials, lasting around 15 minutes. The judge may ask questions to clarify financial situations or parenting arrangements. Both parties have the opportunity to present written evidence to support their positions. This includes pay stubs, financial declarations, household bills and written witness affidavits. This evidence helps the court understand each party's financial capacity and the needs of any children. The hearing focuses on immediate needs rather than a comprehensive review of all marital issues.

Finding stability during the divorce process

Divorce brings upheaval to every aspect of daily life. Temporary hearings provide necessary structure during a challenging transition period. The court understands that waiting months for final decisions is not realistic for most families. While temporary, these decisions have impact on daily life and family routines.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Addressing extracurricular activities in custody, parenting plans]]> https://www.horrylaw.com/?p=47541 2026-07-03T19:26:49Z 2026-07-03T19:26:22Z Consider all the challenges in advance Extracurricular activities can easily cause disputes between parents. They may disagree about what activities their children participate in, who pays for the costs and who gets to attend special events. In some cases, parents may even end up having arguments in public settings because they struggle to share space with one another. The more conflict there is surrounding extracurricular activities, the harder the situation may be for the children. Parents can reduce opportunities for disagreements by deciding in advance how they intend to share the costs of extracurricular activities. They can create rules for adjusting the custody schedule based on how practices, games and other special events impact the allocation of parenting time. They can even have rules for attending performances, meets or games. Alternating attendance or agreeing to sit in different areas to avoid conflict can be helpful in some cases. Parents who maintain a positive dynamic might even be able to sit together, creating an entire section of people cheering for their children. Planning for issues that are likely to complicate shared custody is the best approach. Parents who have experienced legal guidance in creating or modifying their child custody order and parenting plan can help ensure their arrangements properly meet everyone's needs while prioritizing what is best for their children.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Why some separate assets end up on the division table]]> https://www.horrylaw.com/?p=47540 2026-06-23T19:49:43Z 2026-06-23T19:49:43Z It’s easy to assume the assets you brought into the marriage are yours to keep, no matter what happens down the road, but it’s not always the case. The line between separate and marital assets can blur faster than most people realize. South Carolina courts generally start with the assumption that property owned before marriage, inheritances and gifts from third parties remain separate. That said, even separate property can become subject to division under certain circumstances. 

When separate assets lose their status

Under South Carolina law, separate assets may be up for division when they are commingled with marital funds, retitled in both spouses' names, or used in a manner that supports the marriage such that tracing the original source becomes difficult or impossible. For example, if you deposit inherited funds into a joint account used for everyday expenses, mortgage payments or shared investments, it may become difficult to prove which portion of the money remained separate. The more intertwined the funds become, the greater the likelihood the court will view them as part of the marital estate.

The paper trail matters

Whether separate property retains its original status during divorce often depends on the strength of the supporting financial records. Courts do not simply accept labels or assumptions about ownership. They look for consistent documentation that supports how the asset was handled throughout the marriage. Remember, the burden of proof is on the spouse claiming that certain property is wholly or partially separate. Bank statements, account histories, deeds, closing documents and records tracing the source and movement of funds can all play a key role in demonstrating how the asset was acquired, maintained and used over time. Disputes over how assets are classified during divorce can become highly contentious, and you may lose out on a lot if you’re not careful. If you are going through a divorce or anticipating one, getting appropriate guidance early in the process can help you better understand where you stand and what may be required to protect your financial interests moving forward.]]> On Behalf of Sligh Law Firm, P.A. <![CDATA[Can moving away after divorce affect custody arrangements?]]> https://www.horrylaw.com/?p=47536 2026-06-22T17:03:36Z 2026-06-15T15:51:29Z Divorce often brings major life changes, including new job opportunities, housing shifts or the desire to move closer to family support. While these decisions may feel personal and practical, they can carry serious legal weight when children are involved. In South Carolina, a proposed move after divorce can directly affect custody arrangements and parenting time, especially when it changes the child’s daily routine or limits access to one parent.

Relocation can impact existing custody agreements

In South Carolina, child custody decisions focus on the child’s best interests. When a parent plans to relocate a significant distance away, the court may view the move as a potential change in circumstances that affects the existing custody order. A relocation is especially important when it involves crossing state lines. In many cases, the moving parent must notify the other parent in advance and may need court approval if the move disrupts the current custody arrangement. Courts do not automatically block a move, but they will review how it may affect the child’s stability, schooling and relationship with both parents. Judges also consider whether the move improves the child’s overall quality of life or creates unnecessary disruption.

Factors courts may consider in relocation cases

When reviewing a relocation request, South Carolina courts look closely at the full situation before making a decision. Each case depends on its own facts, but judges often evaluate:
  • The reason for the proposed move and whether it is made in good faith
  • The distance of the move and its impact on parenting time
  • The child’s relationship with both parents
  • The child’s ties to school, community and extended family
  • Whether a revised custody schedule can preserve meaningful contact
  • The potential benefits or drawbacks of the move for the child
No single factor controls the outcome. Courts weigh all circumstances together and focus on what arrangement best supports the child’s stability and well-being. Parents who plan ahead and communicate early may reduce conflict and help protect their custody rights during a relocation discussion.

Understanding your options before you move

A post-divorce move does not automatically change custody, but it can trigger legal review and possible modification of an existing order. Because South Carolina courts prioritize the child’s best interests, even well-intentioned relocations require careful consideration. Parents benefit from understanding their rights and responsibilities before making any decisions that could affect custody. Speaking with a family law attorney can help clarify legal requirements and provide guidance based on the specific facts of the case.]]>