Generated by Rank Math SEO, this is an llms.txt file designed to help LLMs better understand and index this website. # Futeral & Nelson, LLC > Futeral and Nelson, LLC is a law firm founded in 2003 and based in Mount Pleasant, South Carolina (534 Johnnie Dodds Blvd., Suite 202; 843-284-5500). Attorneys Stephan Futeral, Thomas Nelson, Kelsey Gilmore-Futeral, and Lauren Strasburger handle family law and divorce, criminal and DUI defense, and personal injury, and the firm offers certified family court and civil court mediation. The firm serves Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, Isle of Palms, Sullivan's Island, Daniel Island, and Hanahan. ## Sitemaps - [XML Sitemap](https://charlestonlaw.net/sitemap_index.xml): Includes all crawlable and indexable pages. ## Posts - [What Is a Plea Deal in South Carolina, and Should You Take One?](https://charlestonlaw.net/plea-deal-south-carolina/): Plea bargain versus criminal trial in South Carolina: compare proof, penalties, records, timing, and the questions to ask before you choose a case path. - [How Long Do You Have to Respond to Divorce Papers in SC?](https://charlestonlaw.net/respond-to-divorce-papers-sc/): Answering divorce summons SC requires a written response within 30 days of service. Learn what to file, how default works, and when to call counsel now. - [What Is the Difference Between a Felony and a Misdemeanor in South Carolina?](https://charlestonlaw.net/felony-vs-misdemeanor-south-carolina/): Understand felony versus misdemeanor charges in South Carolina, from court assignment and penalties to record consequences, bond decisions, and next steps. - [Can You Get a Divorce in South Carolina If Your Spouse Lives in Another State?](https://charlestonlaw.net/divorce-south-carolina-spouse-out-of-state/): Often, our divorce lawyers in Charleston handle cases where both spouses have lived in South Carolina for years. In these family court cases, South Carolina is clearly the proper state to file for divorce. However, sometimes the other spouse lives in another state, moved away after the separation, or is stationed somewhere else in the military. - [How Are FERS and TSP Divided in a South Carolina Divorce?](https://charlestonlaw.net/fers-tsp-division-south-carolina-divorce/): Dividing a federal pension or TSP account? Our family law attorneys can help protect your share of FERS and TSP benefits in a Charleston divorce. Call 843-284-5500 to schedule a consultation. - [How Many Drinks Does It Take to Reach the Legal Limit in South Carolina?](https://charlestonlaw.net/how-many-drinks-legal-limit-south-carolina/): As DUI lawyers in Charleston, South Carolina, one of the most common questions we hear is how many drinks a person can have before reaching the legal limit. The answer depends on your sex, your weight, what you drank, and how quickly you drank it. In this article, we explain South Carolina’s legal limits, what counts as a drink, and how blood alcohol concentration rises and falls, with charts that estimate BAC for women and men. So how many drinks does it take to reach the legal limit in South Carolina? - [Can You Be Charged with DUI While Parked or Sleeping in Your Car in South Carolina?](https://charlestonlaw.net/parked-car-dui-south-carolina/): Many people believe that if they have had too much to drink, the responsible choice is to pull over, park, and sleep it off. In many situations, that is far better than driving. But our Charleston DUI defense lawyers regularly hear from people who were arrested for a parked car DUI, either while their car was parked or while they were asleep behind the wheel. - [Assault Charge Versus Self-Defense Claim in SC](https://charlestonlaw.net/assault-charge-versus-self-defense-claim-sc/): An assault charge versus self defense claim in South Carolina turns on who started the fight, the threat faced, and the force used in response in court. - [What Are Field Sobriety Tests in South Carolina?](https://charlestonlaw.net/administration-field-sobriety-tests-charleston-dui-attorney/): Quick Answer: Field sobriety tests in South Carolina are roadside exercises that officers use to look for signs of impairment during a DUI investigation. Most officers use the three standardized tests: horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Refusing a field sobriety test does not constitute disobeying a police command, but the officer can note the refusal, and a DUI lawyer can challenge tests that were not given or scored according to the officer’s training. - [What Is a Temporary Hearing in South Carolina?](https://charlestonlaw.net/temporary-hearing-south-carolina-rule-21/): A South Carolina family court temporary hearing can address custody, support, expenses, and property use while a case is pending. Learn the current Rule 21 deadlines and how to prepare. - [What Should You Do Immediately After Being Arrested in South Carolina?](https://charlestonlaw.net/what-to-do-after-arrest-south-carolina/): As criminal defense lawyers in Charleston, South Carolina, we know that an arrest can turn an ordinary day upside down. Most of our clients worry about getting home, missing work, or what the charge will mean for their future. They also feel an urgent need to explain themselves, hoping to convince the law enforcement officer to let them go. Explaining yourself is rarely a good idea. So what should you do immediately after being arrested in South Carolina, and what should you avoid doing? - [Is an Inheritance Divided in a South Carolina Divorce?](https://charlestonlaw.net/inheritance-divided-south-carolina-divorce/): Is an inheritance divided in a South Carolina divorce? Learn when it remains separate property, when it may become marital property, and how records help. - [What Happens When a Spouse Wastes Marital Assets Before Divorce in South Carolina?](https://charlestonlaw.net/spouse-wasting-marital-assets-before-divorce-sc/): Learn how South Carolina courts address wasted marital assets before divorce, what records can prove dissipation, and how a temporary order may protect property. - [How Do Emergency Custody Orders Work in South Carolina?](https://charlestonlaw.net/emergency-custody-south-carolina/): When can you seek emergency custody in South Carolina? Learn what Rule 21 requires, when a judge may act without notice, and what happens after an order. - [Can My Spouse Empty Our Bank Account Before or During a SC Divorce?](https://charlestonlaw.net/spouse-emptied-bank-account-sc-divorce/): Learn what to do if a spouse empties a bank account before or during a South Carolina divorce, including urgent court options and proof to save today. - [What Happens If Your Spouse Refuses to Sign Divorce Papers in South Carolina?](https://charlestonlaw.net/spouse-refuses-to-sign-divorce-papers-south-carolina/): Learn what happens when a spouse refuses to sign divorce papers in South Carolina, including service, default, hearings, property, custody, and family law. - [How Does a Temporary Custody Order Work in South Carolina?](https://charlestonlaw.net/temporary_custody_order_south_carolina/): Learn how a temporary custody order in South Carolina works, what family court considers, and how parents can prepare for an urgent hearing with care. - [How Do You Prove Paternity in South Carolina?](https://charlestonlaw.net/charleston-paternity-lawyer/): An action to establish paternity can be brought by limited parties, including the person claiming to be the father of the child, the natural mother of the child, the child, a person in whose care the child has been placed, or an authorized agency, including DSS (the Department of Social Services). So how do you prove paternity in South Carolina, and what happens once it is established? - [What Is Pretrial Intervention (PTI) in South Carolina?](https://charlestonlaw.net/pretrial-intervention-sc/): Discover how pretrial intervention in South Carolina can help resolve your first-time, non-violent charge without a conviction. Learn more! - [Can You Evict Your Spouse in South Carolina?](https://charlestonlaw.net/get-spouse-out-of-house-south-carolina/): As divorce lawyers in Charleston, South Carolina, we frequently deal with clients whose spouses refuse to leave the home even though the marriage is failing. In this article, we will explain whether you can evict your spouse or have a legal right to kick your spouse out of the house, whether you can change the locks on your home, and the legal grounds and the process for getting a spouse out of your home. So can you legally make your spouse leave the house in South Carolina, and if so, how? - [What Happens If You Get a BUI in South Carolina?](https://charlestonlaw.net/boating-influence-bui-south-carolina/): In this article, we explain the elements of BUI, the penalties for BUI and felony BUI, related offenses such as reckless homicide by boat, your rights when asked to take a breath test, and the defenses that may apply to your case. So what happens if you get a BUI in South Carolina? - [What Happens if I Get a DUI on Federal Property in South Carolina?](https://charlestonlaw.net/federal-dui-in-south-carolina/): In this article, the DUI lawyers at Futeral & Nelson explain how a federal DUI in South Carolina happens, how the federal criminal process works, and how sentencing and your driver’s license can be affected. So what happens if you get a DUI on federal property in South Carolina? - [How Does South Carolina’s Stand Your Ground Law Work?](https://charlestonlaw.net/stand-you-ground-law-south-carolina/): However, this duty had an exception called the “Castle Doctrine,” under which someone was not required to retreat when attacked without fault on his or her own premises. In 2006, South Carolina expanded these protections by adopting what is commonly called the “Stand Your Ground” law. So how does South Carolina’s Stand Your Ground law work, and when does it protect you if you use force to defend yourself? - [Do Police Have to Video Record a DUI Arrest in South Carolina?](https://charlestonlaw.net/record-dui-arrest-south-carolina/): When police record a DUI arrest in South Carolina, the video is often the most important piece of evidence in the case. Police reports are written after the fact by the officer who made the arrest, but a video shows what actually happened on the side of the road and in the breath test room. - [How Does Discovery Work in a South Carolina Lawsuit?](https://charlestonlaw.net/discovery-lawsuit-south-carolina/): Our trial lawyers at Futeral & Nelson regularly handle both circuit court (civil) and family court lawsuits. In nearly every case, we must have the evidence needed to prove or defend our case if it doesn’t settle and goes to trial. The exchange of evidence between the parties is called “discovery” in South Carolina and in pretty much every other court across the country. - [Should You Plead a DUI Down to Reckless Driving in South Carolina?](https://charlestonlaw.net/charleston-dui-lawyer-habitual-offender-reckless-driving/): Multiple qualifying offenses committed within a one-day period are counted as one. Reckless driving is on the list. That means a DUI reduced to reckless driving still counts toward habitual offender status. - [How Does the Driving Points System Work in South Carolina?](https://charlestonlaw.net/south-carolina-driving-points-system/): Our criminal lawyers in Charleston regularly review driving records and help clients make decisions based on them. We’ve noticed that many folks don’t fully understand South Carolina's driving points system, how long points count toward a suspension, or how quickly a few tickets can add up to a suspended license. Many people also confuse the points the DMV assigns with the “points” an insurance company uses to set rates. - [How Much Does a DUI Cost in South Carolina?](https://charlestonlaw.net/cost-dui-south-carolina/): We are often asked how much a DUI costs in South Carolina. The honest answer is that the fine is only a small part of it. Between court costs, license fees, the Alcohol and Drug Safety Action Program (ADSAP), an ignition interlock device, higher insurance premiums, and legal fees, a DUI can cost thousands of dollars, and some of those costs apply even if you are never convicted. Our Charleston DUI defense lawyers break down the real costs of a DUI in South Carolina so you know what to expect and why fighting the charge can make financial sense. - [Can a DUI Breath Test Be Wrong in South Carolina?](https://charlestonlaw.net/dui-breath-test-south-carolina/): So can a DUI breath test be wrong in South Carolina? In this article, we explain what your breath test result means, the rules police must follow when administering the test, why a result can be wrong, and the legal tools available to challenge it. - [Does a DUI Suspend Your Driver’s License in South Carolina?](https://charlestonlaw.net/dui-suspend-license-south-carolina/): The second is what can happen to your license at the end of the case depending on how the DUI charge is resolved. South Carolina changed many of these rules effective May 19, 2024, so our lawyers explain how DUI license suspension works in both scenarios under the current law in this article. So does a DUI suspend your driver’s license in South Carolina, and for how long? - [What Happens If You Are Declared a Habitual Offender in South Carolina?](https://charlestonlaw.net/south-carolina-habitual-offender/): The good news is that the law provides ways to challenge the designation and, in some cases, get back on the road early. Our Charleston criminal defense attorneys explain what makes a person a habitual offender in South Carolina, how long the suspension lasts, how a DUAC conviction counts, the ignition interlock option added in 2024, and how to get your license back. So what happens if you are declared a habitual offender in South Carolina, and can you ever drive again? - [How Does the Ignition Interlock Device Program Work in South Carolina?](https://charlestonlaw.net/ignition-interlock-device-program-south-carolina/): As DUI defense lawyers in Charleston, we’ve been asked questions about South Carolina's Ignition Interlock Device (IID) Program. The IID Program is part of “Emma’s Law.” In 2024, the General Assembly expanded the program so that it now applies to every DUI and DUAC conviction, including a first offense, except where the statutory 0.00% breath-test exception applies. - [Grounds for Divorce in South Carolina: The 5 Legal Grounds](https://charlestonlaw.net/grounds-divorce-south-carolina/): There are five grounds for divorce in South Carolina: (1) adultery, (2) habitual drunkenness, including habitual drunkenness caused by the use of a narcotic drug, (3) physical cruelty, (4) desertion for a period of one year, and (5) one year’s continuous separation (which is considered a “no-fault” ground for divorce). South Carolina Code Section 20-3-10 outlines these grounds. - [How to Fill Out a South Carolina Financial Declaration Form for Family Court](https://charlestonlaw.net/financial-declaration-south-carolina/): If you need to complete a financial declaration for your court case and need guidance, the article below answers common questions and offers tips for completing the document. So what is a South Carolina financial declaration, when is it due, and how do you fill it out correctly? - [How Does Small Claims Court Work in South Carolina?](https://charlestonlaw.net/small-claims-south-carolina/): As a lawyer in Charleston, I’ve helped many clients with cases in South Carolina’s small claims court. Small claims court, which is handled by the magistrate’s court, is designed to make it easier for people to resolve legal disputes without the expense of hiring an attorney. - [What Should You Know About a DUI in South Carolina?](https://charlestonlaw.net/frequently-asked-questions-dui-south-carolina/): As DUI lawyers in Charleston, South Carolina, we hear the same questions from clients again and again after a DUI arrest. Is it a felony? Will I lose my license? Can it be expunged? How long will the case take? Below, we answer the questions we hear most often and point you to our more detailed articles on each topic. So what should you know about a DUI in South Carolina? - [What is a Felony DUI in South Carolina?](https://charlestonlaw.net/felony-dui-south-carolina/): For any Charleston DUI lawyer, defending a felony DUI is very challenging, and the stakes are much higher than defending a municipal or magistrate-level DUI, such as a DUI 1st. In South Carolina, felony DUI involves the great bodily injury or death of another person. - [Child Support in South Carolina: How Support Is Calculated](https://charlestonlaw.net/child-support-in-south-carolina/): As divorce lawyers in Charleston, South Carolina, we often answer questions about the state's child support laws. In this article, we explain what child support is in South Carolina, how it is calculated, the circumstances when the family court may order more or less than the child support guidelines, when child support ends, what happens if you don't pay child support, and more. So how is child support calculated in South Carolina, and how long do you have to pay it? - [What Happens in a DSS Child Abuse or Neglect Case in South Carolina?](https://charlestonlaw.net/dss-child-abuse-neglect-sc/): When DSS receives a report about a child, the parents often have no idea what will happen next, how quickly things will move, or what rights they have. Our Charleston family law attorneys and DSS defense attorneys explain the basic process of a DSS case, the deadlines DSS and the family court must follow, and the terminology used in these cases. So what happens in a DSS child abuse or neglect case in South Carolina, and what can you do to protect your family? - [What Happens If You Refuse a Breath Test in South Carolina?](https://charlestonlaw.net/implied-consent/): However, if there is probable cause to believe the person committed felony DUI, which means the impaired driving allegedly caused death or great bodily injury to someone else, South Carolina law requires the person to submit to chemical testing. This does not mean officers can automatically force a blood draw whenever the person refuses a breath test; a blood draw must comply with applicable constitutional requirements. So what happens if you refuse a breath test in South Carolina? - [What Are the Penalties for Shoplifting in South Carolina?](https://charlestonlaw.net/shoplifting-in-south-carolina/): If you were recently arrested for shoplifting in South Carolina, knowing how to handle the situation is essential. In this article, our Charleston shoplifting lawyers explain South Carolina's shoplifting laws, the penalties, and how a criminal lawyer can help you handle shoplifting charges. So what are the penalties for shoplifting in South Carolina, and what can you do about the charge? - [Grandparent Rights in South Carolina: Visitation and Custody](https://charlestonlaw.net/grandparent-rights-in-south-carolina/): There are two parts to grandparent rights in South Carolina: (1) a grandparent's right to visitation and (2) a grandparent's right to custody. - [Covenants Not to Compete in South Carolina – Non-Competition Clauses](https://charlestonlaw.net/covenants-not-to-compete-in-south-carolina/): As business and contract lawyers in Charleston, we have reviewed many covenants not to compete in South Carolina for employees, employers, and business owners buying or selling a company. An important point to understand at the outset is that South Carolina courts treat a non-compete signed by an employee very differently from a non-compete signed by someone who is selling a business. - [How Does Alimony Work in South Carolina?](https://charlestonlaw.net/calculate-alimony-in-south-carolina/): Clients often ask our divorce lawyers in Charleston common questions about alimony in South Carolina. In this article, we explain alimony, the types of alimony in South Carolina, how the family court calculates alimony, whether alimony can be changed (such as when you retire), and much more. - [How to Prove Adultery in South Carolina – A Guide to SC Law](https://charlestonlaw.net/proving-adultery-in-south-carolina/): As Charleston divorce lawyers, we've handled many cases that involve claims of adultery. In this article, we'll explain what adultery is, how to prove adultery in South Carolina, whether there are punishments for committing adultery, what happens if you forgive your spouse for committing adultery, and what to do if you suspect your spouse is cheating on you. So how do you prove adultery in South Carolina, and what happens once you do? - [How Do You Expunge a Criminal Record in South Carolina?](https://charlestonlaw.net/expunge-criminal-record-in-south-carolina/): Our criminal defense lawyers in Charleston often get asked about expungement in South Carolina, including how to expunge your criminal record and which charges can be expunged. When we successfully defend someone accused of a crime, we follow up by expunging our client’s record when eligible. However, we often get calls from persons whose previous criminal lawyer didn’t tie up that loose end. - [Handgun Laws in South Carolina – What You Need to Know](https://charlestonlaw.net/handgun-carry-laws-south-carolina/): The following table shows how the handgun laws in South Carolina changed on March 7, 2024: - [What Are the Penalties for a DUI in South Carolina?](https://charlestonlaw.net/what-are-the-penalties-for-a-dui-in-south-carolina/): As Charleston DUI defense lawyers, we want our clients to know the DUI penalties in South Carolina. This article explains the criminal penalties for a South Carolina DUI, what happens to your driver's license after a conviction, and how a breath test refusal or a high alcohol concentration changes the outcome. - [How Do You Choose the Best Divorce Lawyer in Charleston?](https://charlestonlaw.net/finding-best-divorce-lawyer-in-charleston/): Most articles on this subject offer general advice that applies anywhere. In this article, we focus on what matters in a South Carolina divorce and in the Charleston County Family Court. So how do you choose the best divorce lawyer in Charleston? - [How Do I File for Divorce in South Carolina?](https://charlestonlaw.net/file-divorce-south-carolina/): Sometimes people ask, "How do I file for divorce in South Carolina?" In South Carolina, when you represent yourself in family court without a lawyer, you are called a “pro se” (without an attorney) party. Pro se is a Latin term that means “in person” or “on one’s own behalf.” - [Should I Move Out Before My Divorce in South Carolina?](https://charlestonlaw.net/move-out-before-divorce-south-carolina/): Every divorce involves a time of separation. The separation is much easier in some cases than in others. In this article, our Charleston divorce lawyers walk you through South Carolina law, explain your options, and answer frequently asked questions about the logistics of separating. - [How Does an Uncontested Divorce Work in South Carolina?](https://charlestonlaw.net/uncontested-divorce-south-carolina/): For an uncontested divorce in South Carolina, a husband and wife may want to go their separate ways without the expense and heartache of fighting in family court. These couples usually wonder whether they need to hire a lawyer and whether one lawyer can represent both of them. They know they need to bring their case to family court, but they need to know the process from there. - [How Does Adoption Work in South Carolina?](https://charlestonlaw.net/adoption-in-south-carolina/): In this article, we explain what you need to know about adoption in South Carolina, including the types of adoptions, SC's adoption laws, the adoption process, the cost, and more. So how does adoption work in South Carolina? - [Can a Parent Move a Child Out of South Carolina Without Permission?](https://charlestonlaw.net/parent-move-child-out-of-south-carolina/): As family law attorneys in Charleston, we deal with cases involving a parent moving a child out of South Carolina without the other parent’s permission. Some of these cases can be heartbreaking, especially when one parent relocates the child and tries to hide from the other parent. - [What Does a Guardian ad Litem Do in South Carolina?](https://charlestonlaw.net/guardian-ad-litem-south-carolina/): As child custody lawyers in Charleston, we frequently deal with a guardian ad litem (GAL) in a private custody dispute. Parents are often surprised to learn that a stranger may visit their home, interview their children, and report to the judge, and they want to know how much influence the GAL will have and how to handle the process. - [Can Adults Be Adopted in South Carolina?](https://charlestonlaw.net/can-adults-be-adopted-in-south-carolina/): As adoption lawyers in Charleston, we are often asked whether adults can be adopted in South Carolina. People usually think of adoption as something that only involves children, but many families want to formalize a bond with a stepchild, foster child, or other loved one who is already grown. - [How Long Does It Take to Get Divorced in South Carolina?](https://charlestonlaw.net/how-long-for-divorce-in-south-carolina/): As divorce lawyers in Charleston, South Carolina, we are often asked how long a divorce takes. In this article, we explain the grounds for divorce and how they affect timing, the divorce process, how long uncontested and contested divorces take, and what happens at the final hearing. So how long does it take to get divorced in South Carolina? - [How to Divide a Pension in a South Carolina Divorce](https://charlestonlaw.net/divide-pension-in-a-south-carolina-divorce/): As divorce attorneys in Charleston, we help spouses divide their marital assets and debts such as their home, their bank accounts, their credit card debts, and 401(k)’s and IRAs. Pensions, either vested or unvested, are also marital assets that must be divided. If you or your spouse works for the federal government, our article on how FERS and TSP are divided in a South Carolina divorce explains the separate rules that apply to federal retirement benefits. Dividing a pension isn’t as straightforward as dividing a 401(k) or IRA for several reasons discussed below: - [How Do You Determine the Value of a Business in a South Carolina Divorce?](https://charlestonlaw.net/how-do-you-value-business-south-carolina-divorce/): As divorce lawyers practicing in Charleston, Dorchester, and Berkeley counties, we often have cases where one of the spouses owns a business or is otherwise self-employed.  Generally, businesses or ownership interests are subject to division in the family court, just as any other piece of real or personal property, or financial accounts. First, it must be determined whether the business is a marital asset. A general discussion on determining whether an asset is marital or non-marital in South Carolina can be found here. - [How Can You Work Effectively With Your South Carolina Divorce Lawyer?](https://charlestonlaw.net/5-tips-working-with-your-south-carolina-divorce-lawyer/): As divorce lawyers in Charleston, South Carolina, we know divorce, custody, and child support cases have many moving parts. One of the biggest problems we see is clients who oversimplify their situation. The more your lawyer knows about your case, and the better the two of you work together, the better your chances of a good result at a reasonable cost. - [Does Alimony Stop if You Retire in South Carolina?](https://charlestonlaw.net/alimony-stop-retirement-south-carolina/): As divorce lawyers in Charleston, South Carolina, we are often asked whether alimony stops in South Carolina when you retire. In this article, we will focus on the specific issue of when a person obligated to pay “permanent periodic alimony” seeks to reduce or terminate his or her obligation because the ex-spouse paying alimony is retiring. - [Do You Need a Lawyer for a DUI in South Carolina?](https://charlestonlaw.net/you-need-a-dui-lawyer/): Being arrested for driving under the influence (DUI) can be a frightening experience. Some people receive an immediate Notice of Suspension regarding their driving privileges, and others worry about their jobs or professional licenses. Many do not realize that a DUI conviction cannot be expunged from a South Carolina criminal record under current law and can come back to haunt them years later. - [Can Living with a Romantic Partner Terminate Alimony in South Carolina?](https://charlestonlaw.net/cohabitation-alimony-sc/): As divorce lawyers in Charleston, South Carolina, we get many questions about our state's alimony laws. Many people know that alimony usually ends when the spouse receiving it remarries. Fewer people know that living with a romantic partner can also end alimony. The purpose of this rule is to close the loophole of a former spouse living with and sharing expenses with a partner but choosing not to marry in order to keep the alimony. However, sharing expenses is not a requirement for proving continued cohabitation. - [Are Student Loans Part of Marital Debt in a South Carolina Divorce?](https://charlestonlaw.net/student-loans-divorce/): The divorce lawyers at Futeral & Nelson often handle cases where one or both parties have student loans. In these cases, we have to argue whether one party should contribute to the student loans of the other. While there is no case law directly on point, the general law and common sense provide some guidance. - [What Are Defamation, Libel & Slander in South Carolina?](https://charlestonlaw.net/what-are-defamation-libel-slander-in-south-carolina/): As defamation lawyers in Charleston, we know how important your reputation is to you. If someone makes false claims or accusations about you or your business, these statements can damage your relationships and cause you to lose business or your job. At Futeral & Nelson, our lawyers have handled many cases of defamation, libel, and slander in South Carolina. in this article, we will explain what is defamation, defamation per se, libel, slander, and the criminal and civil laws that apply to these types of cases. - [What Can I Do if My Spouse Abuses Me in South Carolina?](https://charlestonlaw.net/what-can-i-do-if-my-spouse-abuses-me-in-south-carolina/): Domestic Violence is an issue in South Carolina and every other state. When it occurs, sometimes an abused spouse considers it a one-time offense and ultimately forgives the other spouse. In many other cases, it leads to the break-up of the relationship. The abused spouse often does not know where to turn or what to do, so in this article, our family court lawyers explain some options: - [How to Change Alimony in South Carolina](https://charlestonlaw.net/reduce-stop-alimony-south-carolina/): As divorce lawyers in Mount Pleasant, some clients ask us to help them reduce or terminate their alimony payments in South Carolina. In South Carolina, some alimony payments can last for a lifetime because the most common form of alimony awarded by the court is permanent alimony called "periodic alimony." Although this type of alimony is permanent, there are four situations why such alimony may stop or may be reduced in South Carolina: (1) death of either ex-spouse; (2) remarriage of the supported spouse; (3) continued cohabitation of the supported spouse; or (4) a substantial change in circumstances such as retirement, poor medical health, or loss of income for either ex-spouse. - [What Are South Carolina’s Child Custody Laws?](https://charlestonlaw.net/custody-laws-south-carolina/): As child custody lawyers in Charleston, South Carolina, we know that custody is often the most stressful part of a divorce or separation. Parents want to know what kinds of custody exist, how a family court judge decides, and what they can do to protect their relationship with their children. - [Is Weed Legal in South Carolina? Marijuana, THC & Delta-8 Laws Explained](https://charlestonlaw.net/pot-legal-south-carolina/): In this article, we explain whether marijuana is legal for recreational or medical use, the penalties for marijuana charges, the status of CBD, hemp, delta-8, and THCA, and how a new federal law changes the rules for hemp products. So is weed legal in South Carolina? - [How to Protect Your Finances During a Divorce in South Carolina](https://charlestonlaw.net/divorce/): As divorce lawyers in Charleston, South Carolina, we have handled cases where the spouses had millions in assets and cases where they were behind on the mortgage and credit cards. Either way, the result is the same: one household becomes two, and combined living expenses can increase substantially. The financial decisions you make during your divorce will affect you for years. - [Can You Start Dating While You Are Separated in South Carolina?](https://charlestonlaw.net/dating-before-divorce/): As divorce attorneys in Charleston, South Carolina, oftentimes our clients ask us whether they can start dating while they are separated from their spouse. Before you start setting up your profile on eHarmony or swiping through Bumble or Tinder looking for a match, it is important to know how dating during separation may impact your divorce in South Carolina. We’ve written this article to help you understand the legal and practical consequences you may face if you start dating before your divorce. - [Who Gets the House in a Divorce in South Carolina?](https://charlestonlaw.net/house-south-carolina-divorce/): As divorce attorneys in Charleston, South Carolina, we find that the marital home is often the largest asset in a divorce and the one clients care about most. It may be where the children grew up, and it often has a mortgage both spouses signed. - [What is a Dram Shop Case in South Carolina?](https://charlestonlaw.net/south-carolina-dram-shop/): As personal injury attorneys for dram shop claims in South Carolina, we've helped people who have been injured in auto accidents and boating accidents where the car driver or boat operator was overserved alcohol by restaurants, bars, and others. In this article, we will explain the most important things you need to know about South Carolina's dram shop and social host laws for alcohol-related automobile and boating accidents. - [South Carolina’s Child Passenger Safety & Restraint Laws](https://charlestonlaw.net/child-restraint-laws/): Like many other states, South Carolina has child restraint laws to address concerns over children who may get injured in a traffic accident. South Carolina's child passenger safety (child restraint) laws apply to motor vehicles including passenger cars, pickup trucks, vans, or recreational vehicles. Last year, South Carolina changed its laws and made changes to the weight and the position of a child required to be in a passenger restraint system. Additionally, South Carolina changed the laws regarding booster seats, the position of the booster seat, and the age and the height limitations for children in boosters. These laws and last year's changes can be confusing. In this article, we break down and explain South Carolina's child passenger safety laws including the penalties for violating these laws. - [All About Private Investigators (“PI’s”) in South Carolina](https://charlestonlaw.net/private-investigator-sc/): At Futeral and Nelson, our criminal defense attorneys have used private investigators for a number of reasons over the years, including gathering evidence of adultery in divorce cases, serving papers in family court or civil cases, or interviewing witnesses in criminal cases. To utilize effectively the money you spend on a private investigator (often called a “PI”), it is important that you select one that will give you what you need for court. In this article, we’ll discuss some of South Carolina laws that govern PI’s, give tips on selecting a private investigator, and give tips on how to work with one. - [Fitness to Stand Trial in South Carolina](https://charlestonlaw.net/fitness-trial-sc/): The criminal defense lawyers at Futeral & Nelson handle cases for people with special needs, intellectual disabilities, and mental illness. Some people who face these challenges are completely functional in society or are at least very high functioning. Others, however, really can’t distinguish right from wrong. Issues such as impulsivity and lack of control can cause an innocent person to do something bad. - [Is South Carolina a Community Property State?](https://charlestonlaw.net/south-carolina-community-property-state/): As family law attorneys in Charleston, SC, we've been asked whether South Carolina is a community property state. The short answer is "no." However, South Carolina is called an “equitable division,” sometimes referred to as a “separate property,” state. In most long marriages, the split will not be far from 50/50. In shorter marriages, it is more likely to depend on a number of factors. In this article, we explain the difference between a community property state and an equitable division state, how property is divided under South Carolina’s equitable division rules, and how to figure out how your property will be split. - [South Carolina Medical Records Statute & Laws](https://charlestonlaw.net/medical-records-south-carolina/): As personal injury attorneys in Charleston, South Carolina, we order medical records and medical bills in just about every automobile accident or injury case we have. In this article, we explain the laws on medical records in South Carolina, including whether a doctor has to give you your medical records, how to get your medical records, the cost of your medical records, which medical records you are entitled to, and more. - [How to Get a Beginner’s Permit or Driver’s License in South Carolina](https://charlestonlaw.net/beginners-permit-south-carolina/): First, the person must obtain a beginner’s permit. To obtain a beginner’s permit, the person must: - [What If My Child Doesn’t Want to Visit with the Other Parent?](https://charlestonlaw.net/child-will-not-visit-parent/): “What should I do when my child doesn’t want to go visit the other parent?” As a divorce attorney in Charleston, South Carolina, that is one of the toughest (and most heartbreaking) questions I get asked by some clients. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) creates an awkward situation between the parents and the child, and (3) puts both parents in legal jeopardy if they don’t handle the situation appropriately. In this article, I will explain in detail South Carolina’s family laws and exactly how to handle your children if they refuse to visit with a parent. - [What Should I Do if There’s an Arrest Warrant for Me in South Carolina?](https://charlestonlaw.net/warrant-south-carolina/): As a criminal defense attorney in Mt Pleasant and Charleston, South Carolina, we've helped clients who had an outstanding warrant for their arrest in South Carolina. If there’s a warrant out for you and you get stopped for a minor traffic violation, you could get arrested on the way to an important meeting and have your car impounded. Depending on when you get arrested such as in the evening or on a weekend, you could spend a few nights in jail. In this article, we explain what you should do if there is an outstanding warrant for your arrest in South Carolina and about turning yourself into the police. If you are taken into custody on a warrant, our article on what to do immediately after being arrested in South Carolina explains what to say and what to expect. - [What is Possession, Distribution & Trafficking Cocaine in South Carolina?](https://charlestonlaw.net/possession-distribution-trafficking-cocaine-south-carolina/): As criminal defense attorneys in Mt Pleasant and Charleston, South Carolina, we've defended people who've been arrested for possession of cocaine, distribution of cocaine, and trafficking cocaine. In this article, we'll explain South Carolina's cocaine laws and the criminal penalties involved with cocaine. - [What is the Crime of Arson in South Carolina?](https://charlestonlaw.net/crime-arson-south-carolina/): As criminal defense attorneys in Charleston, South Carolina, our lawyers deal with the defense of arson charges. In South Carolina, a conviction for arson can result in serious consequences including jail time and other penalties. In this article, we explain what is the crime of arson in South Carolina and the penalties for arson. - [Texting & Driving Laws in South Carolina](https://charlestonlaw.net/texting/): As criminal lawyers in Charleston, South Carolina, we deal with both criminal defense and auto accident cases that involve texting while driving. Texting while driving is very dangerous because text messaging takes the driver's visual, manual, and cognitive attention away from the task of operating their vehicles. - [What is Burglary in South Carolina?](https://charlestonlaw.net/crime-burglary-south-carolina/): In South Carolina, burglary is defined as the “entering of a (building or dwelling) without consent and with intent to commit a crime therein." Although there are three degrees of burglary in South Carolina, there are five possibilities regarding what type of burglary charge that a person may be prosecuted for as follows: - [What is Criminal Domestic Violence in South Carolina?](https://charlestonlaw.net/charleston-lawyer-criminal-domestic-violence-cdv/): Our Charleston criminal defense lawyers deal with criminal domestic violence cases in family court and criminal court. In other words, we’ve defended persons accused of criminal domestic violence and have helped victims of CDV. In 2015, our law was changed, and now most prosecutors and criminal defense attorneys refer to the cases simply as Domestic Violence (DV) cases instead of CDV. One of the primary changes to the law is that there are now more “levels” of DV whereas the old CDV cases simply had either misdemeanor CDV or CDV of a High and Aggravated Nature. In this article, we examine the laws covering DV, the rights of victims, and the rights of the accused. - [How Do I Report Nursing Home Abuse in South Carolina?](https://charlestonlaw.net/nursing-home-abuse-south-carolina/): As a nursing home abuse lawyer in Charleston, South Carolina, I've dealt with some heartbreaking cases involving abuse and neglect of the elderly and disabled. Unfortunately, incidents of nursing home abuse and neglect occur far too often in South Carolina and the Charleston area, including a woman who was found dead in a James Island marsh after she wandered off from an adult assisted living facility in May 2016. Two months later, another woman, Bonnie Walker, was found dead in a retention pond after being reported missing from Brookdale Senior Living Center in Charleston. When a loved one is harmed by neglect, a dedicated Charleston personal injury attorney can help your family seek justice and compensation. - [How Do I Get Out of Jury Duty in South Carolina?](https://charlestonlaw.net/jury-duty-south-carolina/): In this article, we cover who is disqualified from jury duty, who can be excused, how to request an excuse, what happens if you ignore a summons, and what to expect if you serve. So how do you get out of jury duty in South Carolina, and what happens if you don't show up? - [Is a Personal Injury Settlement Divided in a South Carolina Divorce?](https://charlestonlaw.net/divide-personal-injury-awards-divorce/): As Divorce Attorneys in Charleston, we deal with the division of marital assets. If you are facing this issue, our Charleston divorce lawyers can help you protect your interests. Sometimes couples split up while one of them has a pending claim resulting from an auto accident, workers compensation injury, or some other type of personal injury claim. Other claims may be on the table as well, such as a case for wrongful termination of employment or a case for slander. - [What Happens If a South Carolina Driver Gets a DUI in Another State?](https://charlestonlaw.net/out-of-state-dui/): As DUI defense attorneys in Charleston, we frequently get questions from lawyers in other states when a South Carolina resident gets a DUI in another state. They want to know what will happen to the person’s driver’s license in South Carolina because that is usually more important than what the person’s home state does before agreeing to a plea deal. In this article, we examine the laws and the procedures for South Carolina drivers who get a DUI in another state. - [Are Retirement Accounts Split in a South Carolina Divorce?](https://charlestonlaw.net/retirement-accounts-south-carolina-divorce/): Some of the most common assets our divorce attorneys in Charleston see when dividing a marital estate during a divorce include retirement accounts. Many employers offer these types of accounts as an employment benefit, or couples sometimes start these accounts themselves. They offer tax benefits for those who have extra money to save. Divorcing couples are often worried that they’ll incur tax penalties when they divide these accounts, but that’s usually not the case. In this article, the family law attorneys at Futeral and Nelson explain how retirement accounts are handled by the family court in a South Carolina divorce case. - [Common Law Marriage in South Carolina](https://charlestonlaw.net/common-law-marriage-south-carolina/): As Charleston divorce attorneys, we've dealt with cases involving common-law marriage in South Carolina. Until July 2019, South Carolina was one of the few states that still recognized a “common law” marriage even though the couple didn't have a ceremony or get a marriage license. In this article, our Charleston divorce lawyers explain what is common-law marriage in South Carolina, whether you may still have a claim for a common-law marriage, and what is considered a common-law marriage in South Carolina. - [What to Do if a Family Member or Friend Gets Arrested in South Carolina](https://charlestonlaw.net/arrest-family-friend-south-carolina/): When someone is arrested, our criminal defense attorneys in Charleston, South Carolina usually get a call from the arrested person’s husband, wife, boyfriend, or girlfriend. It’s typical for these callers to be stressed and confused when the person they care about is sitting in jail. They want to know how they can see or speak to their friend or loved one, how to get the person out of jail, and what they can do to help. In this article, our Charleston criminal lawyers explain what you should know and do if someone you care about is arrested and jailed in South Carolina. If you are the one who was arrested, our article on what to do immediately after being arrested in South Carolina explains the first steps to take. - [Dealing with Your South Carolina Neighbor’s Falling or Overhanging Trees](https://charlestonlaw.net/cut-neighbors-tree-limbs/): A common question our lawyers in Charleston are asked is whether a person has the right to cut a neighbor’s tree branches that hang over their property line. A close second is who pays when a neighbor’s tree or limb falls on your house, car, or fence, which is a real concern in the Lowcountry during hurricane season. - [Is Your Divorce Lawyer Overcharging You? Warning Signs in South Carolina](https://charlestonlaw.net/avoid-getting-over-billed-by-divorce-lawyer/): In this article, we explain why divorce clients are vulnerable to over-billing, the warning signs to watch for on your bill, how to prevent it, and what you can do to keep your own legal fees down. So is your divorce lawyer overcharging you? - [What is the South Carolina Military Parent Equal Protection Act?](https://charlestonlaw.net/the-south-carolina-military-parent-equal-protection-act/): As a former member of the armed forces and a military divorce attorney in Charleston, it’s been my privilege to help mothers and fathers who face challenges in custody and visitation because they’ve been deployed for duty. Because members of the armed forces can be deployed, relocated, or stationed in another state or a hostile location overseas, issues surrounding child custody and visitation can be complicated. To address this situation, South Carolina has a law known as the Military Parent Equal Protection Act (MPEPA). In this article, our Charleston military divorce lawyers explain how the MPEPA lessens the impact that military service has on a parent’s custody and visitation rights when they’re deployed. - [What Are Fathers’ Rights in South Carolina?](https://charlestonlaw.net/illegitimate-child-paternity-south-carolina/): Our custody and divorce lawyers in Charleston have handled many cases involving custody of a child whose parents never married. In some respects, family court cases involving unmarried parents can be simpler than a traditional divorce because they do not involve issues such as alimony or the division of assets. However, custody claims between unwed parents can be challenging because oftentimes the child is born as a result of a short relationship, the parents don’t know each other well, and there is a lack of trust between the parents. In this article, our Charleston family court attorneys explain the process for establishing paternity, the father's rights regarding an illegitimate child, and the differences between a custody claim between unwed parents vs. parents who are going through a divorce. - [What are Wrongful Death and Survival Claims in South Carolina?](https://charlestonlaw.net/wrongful-death-attorneys-charleston/): As injury attorneys in Charleston, South Carolina, we’ve helped families who’ve lost a loved one in an accident. In South Carolina, there are two separate legal claims that can be brought when someone dies in an accident. The first type of claim, a wrongful death action, compensates the survivors and beneficiaries of a deceased for their loss. The second type of claim, a survival action, is a legal claim that “survives” the person’s death to allow for recovery for injuries to the deceased. In this article, our injury lawyers in Charleston explain both wrongful death claims and survival actions including how such claims are filed and the types of damages that can be recovered. - [What is Disorderly Conduct in South Carolina?](https://charlestonlaw.net/disorderly-conduct-sc/): As criminal defense attorneys in Charleston, South Carolina, we’ve helped people who’ve been charged with disorderly conduct and public intoxication in South Carolina. Many social events, such as concerts and festivals, serve alcohol to the public. Depending on how much you’ve had to drink, how you behave while you’re drinking, and where you drink, you may find yourself in the unfortunate position of getting arrested for public intoxication or disorderly conduct. Though these charges may not seem like a big deal at the time, these charges will stay on your criminal record and could cause you trouble at school, work, and other problems in the future. In this article, we pull together and explain the state law and local ordinances for the City of Charleston concerning disorderly conduct and public intoxication in South Carolina. - [Underage Drinking and Driving in South Carolina – Zero Tolerance Law](https://charlestonlaw.net/underage-drinking-driving-south-carolina/): In this article, our DUI defense lawyers explain how South Carolina’s Zero Tolerance laws work for people under 21. Although it’s illegal in South Carolina to sell alcohol to someone who is under 21 years old, kids still find access to it. Unfortunately, they sometimes drive a vehicle after consuming alcohol. - [What Happens if You Take a Gun through Airport Security (TSA) in South Carolina?](https://charlestonlaw.net/gun-airport-security-south-carolina/): Our criminal defense lawyers in Charleston, South Carolina have helped people who've forgotten that they’ve left a handgun or firearm in their carry-on luggage while going through airport security at Charleston International Airport, Myrtle Beach International Airport, Columbia Metropolitan Airport, and other airports in South Carolina. If this happens to you, then besides facing criminal charges, you’ll receive notice of a “civil” penalty from the Transportation Security Administration (TSA). In this article, we explain the "civil" consequences of carrying a gun through airport security in South Carolina and how to respond to the TSA to reduce or eliminate any fines. - [Can the Police Search My Home Without a Warrant in South Carolina?](https://charlestonlaw.net/police-search-home-without-warrant-south-carolina/): As criminal defense attorneys in Charleston, South Carolina, we’ve dealt with cases where law enforcement searched our client’s home without a warrant. Generally, the Fourth Amendment protects your privacy by requiring police officers to obtain a warrant before they can search your home in South Carolina. Even if the police have "probable cause" to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search your home. - [What You Need to Know About Juvenile Justice Court & Laws in South Carolina](https://charlestonlaw.net/south-carolina-juvenile-justice-system/): As juvenile justice lawyers in Charleston, we’ve helped children who’ve been accused of committing a crime in South Carolina. In South Carolina, the terms “juvenile” or “child” refer to persons less than 17 years of age. A juvenile who is taken into custody is treated differently than an adult. For example, instead of going through adult criminal court, juveniles go through the South Carolina Juvenile Justice System. In addition to being charged with the same crimes as adults, such as possession of drugs or weapons, there are special statutes that only apply to juveniles, such as incorrigibility (beyond the parent’s control), truancy (failure to attend school), and running away. In this article, our Charleston juvenile defense lawyers explain the South Carolina Juvenile Justice System and your child’s rights if they are in trouble with the law. - [What are the Golf Cart Laws in South Carolina?](https://charlestonlaw.net/golf-cart-laws-in-south-carolina/): As of November 19, 2018, violation of South Carolina's golf cart laws is a misdemeanor punishable by a fine of up to $100 or 30 days in jail. - [How Do You Deal with a Passive-Aggressive Co-Parent?](https://charlestonlaw.net/how-to-deal-with-a-passive-aggressive-parent/): As a child custody lawyer in Charleston, South Carolina, with over 30 years of experience, I have heard the frustrations of many parents dealing with a passive-aggressive co-parent. In my experience, passive-aggressive behavior is one of the most common problems separated and divorced parents face. A passive-aggressive parent can turn routine events, like exchanging the children or coordinating their health care, into opportunities for conflict. - [What Are South Carolina’s Civil Forfeiture Laws?](https://charlestonlaw.net/civil-forfeiture-south-carolina-get-assets-back-police/): As criminal defense attorneys in Charleston, South Carolina, we deal with cases involving forfeiture of assets which is when law enforcement seizes money and property concerning drug-related and other crimes. Although many people refer to this as "criminal forfeiture," it actually is "civil forfeiture" because it takes place in civil court. In this article, we discuss what is civil forfeiture in South Carolina, when the police can seize assets, which assets can be seized by law enforcement, and how to get money and property back from the police. - [Are DUI & License Checkpoints Legal in South Carolina?](https://charlestonlaw.net/law-license-dui-checkpoints-south-carolina/): In South Carolina, law enforcement may briefly stop drivers at a checkpoint or a roadblock for the limited purpose of verifying a driver's license, vehicle registration, and proof of insurance. Also, authorities may set up checkpoints to detect drunk drivers. However, in every case involving an arrest for a DUI at a checkpoint, the prosecution must first show that the checkpoint didn't violate the driver's rights under the Fourth Amendment of the U.S. Constitution. In this article, our DUI lawyers in Mount Pleasant examine the laws and the procedures in South Carolina regarding license and DUI checkpoints, your legal rights, and what to do if you're stopped at a checkpoint in South Carolina. - [Parental Alienation & Child Custody South Carolina](https://charlestonlaw.net/parental-alienation-syndrome-south-carolina/): As child custody lawyers in Charleston, South Carolina, we deal with cases where one parent turns the parties’ children against the other parent. Many refer to these acts of poisoning a child’s relationship with a parent as Parental Alienation Syndrome (PAS). Essentially, parental alienation is a form of emotional abuse whereby one parent damages or severs the relationship between a child and the other parent. This article examines what is PAS, whether PAS is recognized by South Carolina’s family courts, and how to deal with PAS in the courtroom and in your home. - [Can a Child Choose Which Parent to Live with in South Carolina?](https://charlestonlaw.net/child-choose-parent-south-carolina/): As divorce attorneys in Mount Pleasant, South Carolina, we know that custody disputes can be among the most difficult cases for a divorce lawyer to handle. In South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference. This article examines all of the factors involved in deciding whether a child’s preference carries any importance with a family court judge. - [How Do You Deal With a Difficult Judge in South Carolina?](https://charlestonlaw.net/deal-difficult-judge/): In this article, we explain practical ways to handle a difficult judge, the most common types of difficult judges, and the legal options available if you believe a judge is biased or made the wrong decision. So how do you deal with a difficult judge in South Carolina, and what can you do if you believe the judge is treating you unfairly? - [Can You Sue for Injuries to Your Pets in South Carolina?](https://charlestonlaw.net/injuries-pets-south-carolina/): My wife and I love animals. I guess that’s why we have 5 dogs (2 of which are therapy dogs), one cat, and a powerful vacuum cleaner! As a lawyer and a pet owner, clients have asked me about claims of veterinary malpractice or about other claims for injuries caused by others to pets. This article covers how South Carolina law treats these types of claims. - [What Happens in a SC Divorce If You File for Bankruptcy?](https://charlestonlaw.net/bankruptcy-divorce-south-carolina/): As divorce lawyers in Charleston, South Carolina, we've handled cases where a spouse files for bankruptcy. Bankruptcy law doesn't require a married couple to file jointly. In other words, your spouse can file without you and may leave you "holding the bag" when it comes to your marital debts and other liabilities. This article explains the impact bankruptcy may have on claims for alimony, equitable distribution of marital property, and how to protect yourself if your spouse has or will file for bankruptcy. - [The Tyndall Effect – How an Airbag Can Effect Your Breath Test in a DUI](https://charlestonlaw.net/air-bags-tyndall-effect-dui/): Over the years, our DUI defense lawyers in Charleston have handled many cases involving auto accidents. Under South Carolina law, Section 56-6-6170, "no police officer in investigating a traffic accident shall necessarily deem the fact that an accident has occurred as giving rise to the presumption that a violation of the law has occurred." Yet, if you're involved in an auto accident, and the police suspect that you've consumed ANY amount of alcohol, chances are you'll be arrested for DUI. This article examines the reasons why an accident can actually make it HARDER for the prosecution to show that you're guilty of DUI. - [Can You Get a Divorce for Physical Cruelty in South Carolina?](https://charlestonlaw.net/physical-cruelty-divorce-south-carolina/): As divorce lawyers in Charleston, South Carolina, we regularly deal with situations of abuse between spouses. Many of these cases involve criminal domestic violence and Orders of Protection in family court. In this article, we discuss how physical abuse (physical cruelty) can be a ground for divorce in South Carolina and what other effects physical abuse may have on a divorce. - [What is a Preliminary Hearing in South Carolina?](https://charlestonlaw.net/preliminary-hearing-south-carolina/): As criminal defense attorneys in Charleston, SC, we frequently go to preliminary hearings (sometimes called a "probable cause" hearing) for our clients. In South Carolina, any person arrested in South Carolina for a felony (and some misdemeanor charges) has a right to a preliminary hearing. If you don't request the hearing within ten days of receiving notice of this right (see the form below), then you've waived your right to the hearing. In this article, we explain the purpose behind a preliminary hearing in South Carolina and what happens during the hearing. - [Who Pays Attorney’s Fees in a South Carolina Divorce?](https://charlestonlaw.net/recovering-fees-sc-family-court/): As divorce lawyers in Charleston, South Carolina, we often handle legal fee claims in family court. South Carolina family court judges can award attorney's fees to one party in many family court cases, including divorce, custody, alimony, and contempt, when authorized by statute or another applicable legal basis. Our clients want to know whether they may be entitled to have their fees paid or risk paying the other side's fees. - [How to Get an Order of Protection or a Restraining Order in South Carolina](https://charlestonlaw.net/restraining-order-south-carolina/): Because the attorneys of Futeral & Nelson, LLC are both criminal defense attorneys and family court lawyers, we've helped clients get restraining orders or family court orders of protection in Charleston, Dorchester, and Berkeley Counties. In this article, we answer some of the most common questions people ask lawyers about restraining orders and orders of protection in South Carolina and we discuss the third (lesser) option of getting a Trespass Notice. - [False Arrest, False Imprisonment & Malicious Prosecution in South Carolina](https://charlestonlaw.net/false-arrest-imprisonment-south-carolina/): As a false imprisonment lawyer located near Charleston, South Carolina, I've written this article to educate consumers and shoppers about their rights when they're falsely accused of shoplifting or theft. For example, imagine you're shopping in Wal-Mart, you buy a bag of Doritos and a Coke, and a security guard stops you in front of other customers, accuses you of shoplifting, searches you, and locks you in a room until the police arrive. Now imagine you're depositing money at a bank and as you exit the bank you're tackled to the ground by a swarm of police officers pointing shotguns and assault rifles at your head because the bank called 911 and reported a robbery. These are real-life examples of false arrest and false imprisonment we've handled in South Carolina. - [How Does a DUI in South Carolina Impact Your Commercial Driver’s License (CDL)?](https://charlestonlaw.net/dui-cdl-south-carolina/): The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that monitors how State Driver’s License Agencies (SDLA) enforce federal laws when CDL holders violate alcohol and DUI laws. The FMCSA implements regulations that each state follows that impose penalties on CDL (commercial driver’s license) holders who are accused of driving under the influence (DUI). States have different names for this type of charge, but the most common names are: - [How Do You Legally Change Your Name in South Carolina?](https://charlestonlaw.net/name-change-south-carolina/): As Charleston divorce lawyers who handle name changes, we're often asked about how to change a name (or my child's name) in South Carolina. Legal name changes generally fall in one of three categories: (1) resuming a maiden name after a divorce; (2) changing an adult's name; or (3) changing a child's name. In this article, we explain all three. - [How to Represent Yourself in a South Carolina Divorce](https://charlestonlaw.net/representing-yourself-divorce-south-carolina/): When you represent yourself in any court, including family court, you are referred to as a “pro se” litigant. There will always be persons who want or need to handle a divorce themselves "pro se." Perhaps you want to represent yourself in family court because you think you can do a better job than a lawyer, to save money, because you can’t afford a lawyer, or you think your divorce is uncontested and “simple” so you don’t need legal advice. Whatever your reasons may be, I’ve written this article with YOU in mind to at least get you pointed in the right direction and to know how to prepare yourself in family court. - [What Happens at a Bond Hearing in South Carolina?](https://charlestonlaw.net/bond-hearing-bail-south-carolina/): As criminal defense lawyers in Charleston, we are often asked about what happens at a bond hearing in South Carolina. A bond hearing, sometimes referred to as a bail hearing, is usually the first thing that happens after a person is arrested in South Carolina. After the person is booked at the jail, then a bond judge will hear the case and determine whether to let the charged person out, and if so, under what conditions (making bail). For the other steps to take in the first hours and days, see our article on what to do immediately after being arrested in South Carolina. - [How to Change Child Custody in South Carolina](https://charlestonlaw.net/change-custody-south-carolina/): As a child custody attorney in Charleston, I've dealt with many cases where a client wants to know how to change custody after their divorce. In South Carolina, the family court always has the power to modify a previous court order of custody whether the order is for sole or joint custody. Asking the family court to change custody is different from asking the family court to grant you custody in the first place. In an initial determination of custody, the family court looks to see which is the better (fit) parent by looking at each parent's strengths and weaknesses (for a comprehensive discussion of child custody in South Carolina, click here). To convince the family court to CHANGE custody, a parent must prove three things: - [What is a Reasonable Legal Fee for Lawyers in South Carolina?](https://charlestonlaw.net/what-is-a-reasonable-legal-fee-in-south-carolina/): In a family court case one of our lawyers was working on some years ago, a lawyer who practiced law for three years and had filed only four family court cases in Charleston asked the court to award $300 per hour for legal fees. To put this lawyer’s hourly rate into perspective, many family court lawyers in Charleston who’ve been practicing law for 15 to 20 years at that time and who’ve handled hundreds of cases charge around $300 per hour. So, this lawyer’s hourly rate got us thinking about what is a reasonable legal fee for lawyers in South Carolina (even if you've won the "Taco" award described below). - [What Happens If You Drive on a Suspended License in South Carolina?](https://charlestonlaw.net/driving-under-suspension-south-carolina/): As criminal defense lawyers in Charleston, we've represented many people who've been charged with Driving Under Suspension in South Carolina. We wrote this article to explain the charge of driving under suspension (DUS), provide information on revoked licenses and habitual traffic offenders, and offer options to help you avoid a DUS charge. - [Successful Negotiation & Mediation Strategies](https://charlestonlaw.net/successful-negotiation-mediation-strategies/): I've been a certified civil and family court mediator in Charleston for many years now, and one thing is clear to me - no matter what you do or who you are, life is all about negotiations. From the homes we buy right on down to what we'll have for dinner with a spouse or friend, we're negotiating all the time. Of course, as lawyers, good negotiation skills are key. As I like to say, good lawyers don't just try cases; they try to resolve them. - [What Happens if You Violate a Family Court Order in South Carolina?](https://charlestonlaw.net/contempt-court-family-court-orders-south-carolina/): As Charleston divorces lawyers, we've handled many Rules to Show Cause for contempt of family court orders in South Carolina. A contempt action, otherwise known as a Rule to Cause, occurs when someone is alleged to have violated an order such as failing to pay child support. Every case typically ends with a Final Order. Even while the cases are going on, sometimes Temporary Orders are issued after a temporary hearing. Once someone is ordered to do something, if they don’t do it, they can possibly be held in civil or criminal contempt of court. In this article, we discuss contempt charges in general, the difference between civil and criminal contempt, the procedure for a Rule to Show Cause, and the possible penalties. - [What is a Prenuptial Agreement in South Carolina?](https://charlestonlaw.net/prenuptial-agreements-enforceable-south-carolina/): As Charleston divorce attorneys, we know the value of a prenuptial agreement for our clients. In this article, we will explain what a prenuptial is, whether South Carolina courts enforce these agreements, the right ways to prepare a prenuptial agreement, and what to do if your spouse-to-be asks you to sign a prenuptial agreement. - [What are South Carolina’s Motorcycle Laws?](https://charlestonlaw.net/motorcycle-laws-south-carolina/): In this article, the Charleston injury attorneys of Futeral & Nelson explain South Carolina's motorcycle laws by answering frequently asked questions. Whether you just got your first bike or have been riding for years, it is important to know the laws that apply to you. While this article gives general information, you should contact an attorney if you have a specific question. - [How Does Social Media Impact a South Carolina Divorce?](https://charlestonlaw.net/discuss-social-media-divorce/): As Charleston divorce attorneys, we frequently deal with issues that stem from a couple’s use of social media during their divorce. Social media provides an open forum for anyone going through the pain of a divorce to vent their feelings to all of their friends and followers. Unfortunately, a tweet, a Facebook post, or a share on Google Plus can have significant financial and legal effects on your divorce depending upon how a South Carolina family court judge interprets that share on social media. This article explores how to avoid making costly mistakes on social media while you are going through a divorce. - [What Are South Carolina’s Boating Laws?](https://charlestonlaw.net/charleston-south-carolina-boating-laws/): As criminal defense attorneys and personal injury lawyers in Charleston, South Carolina, we have many clients who own and who operate recreation boats on our waterways. We've handled boating accident cases, charges of boating under the influence (BUI), and other cases involving boating in South Carolina. In other words, we're very familiar with the boating laws in South Carolina. Likewise, it's important for anyone operating a boat (referred to as “vessels” or “watercraft” in many of our laws) to understand what laws apply to them. This article is intended to give some of the highlights and to answer some of the most frequently asked questions regarding recreational boating activities, inshore boating, and boats less than 26 feet in length. Additionally, this article covers the basic boating rules in South Carolina, required boating equipment, DNR safety checks, boating insurance, registration and numbering of boats, boating accidents, criminal offenses, and more. - [What is Assault & ABHAN in South Carolina?](https://charlestonlaw.net/assault-abhan-south-carolina/): In this article, our criminal defense attorneys in Charleston, SC examine the laws regarding assault, assault and battery of a high and aggravated nature (ABHAN), and the effects these charges can have in civil court too. - [Terminating Parental Rights in South Carolina](https://charlestonlaw.net/terminating-parental-rights-south-carolina/): As family law attorneys in Charleston, we've been asked about the process and the laws regarding terminating parental rights in SC. In most cases, the best interests of a child are served by having good relationships with both parents. Unfortunately, in some situations, it may be better for a child to cut ties with a parent who is deadbeat, abusive, or possesses other characteristics that are detrimental to the child’s well-being. We offer the following information for someone who is considering initiating a termination of parental rights case in South Carolina or someone who is facing the defense of such an action. - [What to Do if You Are Served with a Lawsuit in South Carolina?](https://charlestonlaw.net/served-civil-divorce-lawsuit/): Most civil cases and family court cases begin with a party (usually referred to as “plaintiff”) filing a Summons and Complaint with the County Clerk of Court. The plaintiff then “serves” the Summons and Complaint on the other parties in the case (often called the “defendants”). Serving a lawsuit in South Carolina is known as "service of process." There are several ways to “serve” a lawsuit or divorce papers in South Carolina. A plaintiff can hire a person called a process server to personally deliver the papers to the defendant. This delivery can also be made by a deputy from the Sheriff’s Office. This delivery can be made by handing the papers directly to the person, dropping them at the person’s feet, or even leaving them at the person’s home with a person of “suitable age and discretion.” There is no clear answer to what “suitable age and discretion” means, but it can be someone less than 18 years of age. So, if your 14 year-old child was handed papers at your house, you shouldn’t assume that service is bad. Service on a defendant that is a business can be made on one of several people, which can include owners, managers, or even certain employees. - [What are the Alternatives to a Criminal Conviction in South Carolina?](https://charlestonlaw.net/criminal-conviction-charleston-criminal-attorney/): As criminal defense lawyers in Charleston, South Carolina, one of the most important things we try to do for our clients is keep their records clean. Convictions on your criminal record can haunt you for the rest of your life and cost you student loans, possible jobs, and much more. There are several common ways that our criminal defense attorneys try to help you avoid a conviction. In South Carolina, there are essentially seven alternatives to avoid a criminal conviction: (1) nolle prosse or dismissal of the charge,, (2) deferral, (3) pretrial intervention (PTI), (4) the Alcohol Education Program (AEP),  (5) a conditional discharge, (6) Drug Court, or (7) the Traffic Education Program (TEP). In this article, we will discuss these alternatives and others. Please note that the ways listed below are generally reached by agreement with the prosecutor. Please note that each one doesn’t apply to every type of criminal charge. - [The Consequences of Playing Games in Discovery](https://charlestonlaw.net/charleston-lawyers-discovery-abuse/): In Charleston and elsewhere, if you're a lawyer who handles personal injury claims, family court cases, or other types of litigation, then you deal with discovery in these lawsuits. In a civil lawsuit between two businesses that I've been handling for the past few years, the opposing parties failed miserably to cooperate in discovery. Their shenanigans resulted in them cooling their heels in jail for a day, sanctions of $150,000.00, an award of my client's attorneys fees and costs of approximately $50,000, the striking of their answer (defense) to my client’s lawsuit, and an entry of judgment against them that could result in an award of over $200,000. How could things turn out so horribly for these persons to the tune of a brief stay in jail and the cost of approximately $400,000.00? I'll explain by (1) covering the basics of discovery; (2) sharing details of why these parties were punished so harshly by the court; and (3) making suggestions to avoid the consequences of failing to cooperate in discovery. - [Drunk Drivers & Car Accidents in South Carolina](https://charlestonlaw.net/drunk-driver-accident-lawyer-charleston-south-carolina/): As both personal injury lawyers in Charleston, we have a lot of experience regarding both auto accidents and drunk drivers. A car accident involving a drunk driver is very different from a standard auto accident case. If you've been injured by an intoxicated driver, it is important to hire an attorney who knows how to handle both personal injury claims and DUI defense. - [Does South Carolina Have Social Host Laws?](https://charlestonlaw.net/liabilities-for-hosting-party-in-south-carolina/): Tis’ the season to have holiday parties. Many of us enjoy the holiday season by engaging in social activities throughout the month of December. For adults who host parties often wonder what exposure they have to civil liability if their guests get intoxicated and drive home. As personal injury lawyers in Charleston, we have seen many scenarios where social host liability comes into play. The rules are different if the party is held at a location such as a rented-out bar or reception hall. This article will address some of the areas where a host may or may not be liable for a party at the host’s house. - [Negotiation Strategies for Settlement Agreements in South Carolina](https://charlestonlaw.net/settlement-negotiation-charleston-lawyer/): Life is a process of negotiation. Outside of a courtroom, we negotiate everything including the cars and homes we buy, our jobs and wages, where our families will vacation next year, and who gets to hold the TV remote control this evening. These negotiations, big and small, take two general forms: (1) “competitive” (win-lose) and (2) “integrative” (interest-based). In all the years that I've been a lawyer and a mediator in Charleston, South Carolina, it's been my experience that most cases settle before ever going to trial. Why do some cases go to trial when so many other cases settle? Unfortunately, some cases go to trial because the lawyers and their clients take an “I’m right” approach to negotiations instead of a “let’s do what’s right” approach. - [Pedestrian Safety Rules in South Carolina](https://charlestonlaw.net/pedestrian-accidents-south-carolina/): Pedestrians (persons traveling by foot) use our roadways and sidewalks just as frequently as many drivers do. Whether they are running or jogging for exercise or walking to the grocery store, pedestrians have a right to be out there. Drivers of automobiles should be very careful of pedestrians because the injuries from an accident can be devastating if not fatal. In this article, our personal injury lawyers in Charleston discuss South Carolina's Pedestrian Safety Rules. - [How Is Property Divided in a Divorce in South Carolina?](https://charlestonlaw.net/how-is-property-divided-in-a-south-carolina-divorce/): As divorce lawyers in Charleston, we are asked in nearly every case, “How is property divided in a divorce in South Carolina?” Spouses want to know who keeps the house, whether a retirement account will be split, what happens to an inheritance, and who is responsible for the credit card debt. South Carolina has a specific process for answering those questions, and the answer is not always an even split. - [What You Need to Know About Criminal Pleas in South Carolina](https://charlestonlaw.net/need-know-criminal-pleas-sc/): As criminal lawyers in Charleston, South Carolina, our clients have been offered many different types of pleas by prosecutors. For any criminal defendant, it is very important to understand the different types of pleas in South Carolina and how each type of plea may impact your future such as finding a job, entering college, and staying out of jail. The types of pleas that may be offered by a criminal prosecution to a defendant can be a bit confusing. So, we’ve laid out the five (5) basic types of pleas in South Carolina with a brief explanation of each type and an explanation of criminal plea bargains. - [How to Prepare for Court in South Carolina](https://charlestonlaw.net/charleston-sc-trial-lawyers/): As attorneys in Charleston, South Carolina, we write many articles about the law concerning personal injury claims, criminal defense, family court, and so many other legal topics. However, it occurs to us that sometimes we may overlook the “basics.” One of these basics is how to prepare yourself to walk into civil court, criminal court, or family court. For most persons, the court can be an intimidating experience with or without a lawyer by your side. This article will give some general pointers if you find yourself appearing in any court in South Carolina. - [Trucking Accident Claims in South Carolina](https://charlestonlaw.net/charleston-trucking-accident-lawyers/): Automobile accidents happen every day, but when a large commercial vehicle is involved, the injuries are much more likely to be devastating. Commercial vehicles can include tractor-trailers, eighteen-wheelers, delivery trucks, or other large vehicles. Our trucking accident lawyers in Charleston handle big-rig accidents throughout South Carolina. - [What to Do If You Receive a Deposition Notice in South Carolina](https://charlestonlaw.net/receive-deposition-notice-charleston-trial-attorneys/): As a criminal lawyer in Charleston, SC, we're involved in depositions in family court cases, personal injury claims, and many more types of cases. In a previous post, "Surviving a Deposition - A Witness's Guide," we examined how to "survive" the questions asked during a deposition. In this post, we examine the procedure you must follow if you receive notice that your deposition is going to be taken in South Carolina. Depositions are one part of the broader discovery process, which we explain in our article on how discovery works in a South Carolina lawsuit. - [How to Challenge a Biomechanical Expert ▪ Charleston Injury Attorneys](https://charlestonlaw.net/defenses-biomechanical-expert/): In the real world, one size does NOT fit all. Real world accidents involve infinite variables whereas lab studies are conducted using defined and controlled variables. However, it is not uncommon to see reports from defense biomechanical experts, such as experts from SEA, LTD., who incorporate boiler-plate analysis of "low-speed impact" cases into their reports. So, the expert should be questioned in a deposition as to what information he or she relied on in reaching their conclusions about the force imposed upon the accident victim. Some areas worth exploring are: - [What Happens If You Are Arrested for a DUI in South Carolina?](https://charlestonlaw.net/dui-arrest-charleston-south-carolina/): Being arrested for DUI in South Carolina can be an intimidating experience leaving you with a lot of uncertainty about what happens next. If you've been arrested for a DUI 1st in Charleston, Mount Pleasant, or elsewhere in South Carolina, here are some of the main things you should know: - [How to Collect Your Legal Fees in South Carolina](https://charlestonlaw.net/collect-attorneys-fees-south-carolina/): Oftentimes our lawyers in Charleston, South Carolina are asked if a client  can collect their attorney's fees if they win their case. In South Carolina, attorney’s fees can only be recovered by contract, statute, or (less commonly) for "equitable indemnification." For example, if you have a contract to do XY and Z with someone for payment, and the contract provides that if you sue to enforce it, you will be entitled to an award of attorney’s fees, then the court will honor those terms. Various statutes also allow claims for recovery of attorney’s fees. For example, in family court, a spouse can collect attorney's fees. Other statutes which include an award of attorney's fees are unfair trade practices, unpaid wages, and mechanic’s liens. - [Surviving a Deposition in South Carolina – A Witness’s Guide](https://charlestonlaw.net/witness-deposition-charleston-sc-tlawyers/): Because our lawyers in Charleston, South Carolina handle auto accident claims, personal injury lawsuits, and family law cases such as divorces, we’ve been involved in hundreds of depositions. If you’re ever involved in a lawsuit, whether it is a divorce in family court or a personal injury claim in civil court, you too may be required to participate in a deposition. Depositions are one part of the broader discovery process, which we explain in our article on how discovery works in a South Carolina lawsuit. - [South Carolina’s Dog Bite Laws](https://charlestonlaw.net/charleston-dog-bite-lawyers/): If you are the victim of a dog bite or attack in South Carolina, then you have a personal injury claim against the dog’s owner or keeper. The Charleston dog bite attorneys at Futeral & Nelson, LLC can help. In this article, our Charleston dog bite lawyers explain your legal rights if you are attacked by a dog and give practical tips to avoid being the victim of a dog attack. - [Motorcycle Accidents in South Carolina](https://charlestonlaw.net/motorcycle-accidents-charleston-motorcycle-accident-lawyers/): At Futeral & Nelson, LLC, we're motorcycle accident lawyers in Charleston who've helped many riders with injuries. In many cases that we have handled, we see injuries that are more serious than those in an automobile where the driver and passengers are surrounded by a steel frame and equipped with airbags. Common motorcycle accident injuries include: - [Sobering Facts from Our Charleston Nursing Home Abuse Attorneys](https://charlestonlaw.net/charleston-nursing-home-abuse-lawyers/): Our nursing home abuse lawyers in Charleston have compiled some statistics regarding nursing home abuse to help raise awareness. Knowledge is always the first step to preventing nursing home abuse (click here to read about ways of detecting and preventing nursing home abuse). - [How to Deal with a Difficult Attorney](https://charlestonlaw.net/dealing-difficult-opposing-attorney/): In a previous post, we examined whether an aggressive lawyer is an effective lawyer. In this post, we discuss how to deal with an aggressive / difficult lawyer on the other side of a case. - [How to Tell if Your Spouse is Hiding Income & Assets in Your Divorce](https://charlestonlaw.net/hidden-income-assets-divorce-charleston-divorce-attorneys/): As divorce lawyers in Mount Pleasant, SC, we know that the first thing divorcing couples lose is TRUST. Due to wounding feelings and disillusionment over the failed marriage, it is only natural that one or more of the parties begins to question everything in the marriage including the parties’ finances. In divorces where the spouses are salaried or earn a wage, calculating income and identifying assets is typically a straightforward process. In those cases, there is usually a decent paper trail of the money coming in and the money flowing out. But when a spouse is self-employed, that’s when a divorce can get very complicated. In those cases, we’ve seen a lot of money thrown at legal fees and forensic accountants to try to uncover whether there is money or assets that have been siphoned away. Sometimes the time and money spent examining the couple’s finances is worth the payoff; sometimes it is a “snipe hunt” that is a tremendous waste of the parties’ financial resources. - [How to Collect a Civil Judgment in South Carolina](https://charlestonlaw.net/collecting-civil-judgments-south-carolina-charleston-attorney/): Judgments are decisions by the court, and in many cases, they involve a court stating with finality that one person owes another person money.  Judgments most commonly arises as results of lawsuits, regardless of whether it is a personal injury case, defamation case, business case, or otherwise. If your case is worth $7,500 or less, our article on how small claims court works in South Carolina explains how to obtain a judgment in magistrate’s court.  However, having a judgment against someone and collecting on the judgment are two separate things.  Different terms are used to describe “collecting” on a judgment, and these terms include “executing” and “enforcing.”  Ultimately, regardless of which term is used, a lawyer is generally referring to the process of turning a piece of paper called a judgment into money in his client’s bank account. - [Divorcing Someone Who Has a Personality Disorder](https://charlestonlaw.net/personality-disorders-drive-high-conflict-divorces-charleston/): In a previous post, we examined how mental health issues lead to “high conflict” divorces and custody battles. In this article, our Charleston divorce lawyers explain and examine what happens when you divorce someone who has a personality disorder. - [How Do You Annul a Marriage in South Carolina?](https://charlestonlaw.net/marriage-annulment-south-carolina-charleston-divorce-attorneys/): There are generally two ways for a couple to end a marriage in South Carolina: divorce and annulment. Divorces can only be granted on specific grounds allowed by statute, and those grounds are one-year continuous separation, adultery, physical cruelty, habitual drunkenness or drug use, and desertion.  The vast majority of marriages end in divorce as opposed to annulment.  Marriages may also end if a spouse dies or becomes missing for seven years, although these are more involuntary means to the end of a marriage. - [Do You Have the Right Auto Insurance Coverage for a Personal Injury?](https://charlestonlaw.net/auto-insurance-coverage-charleston-personal-injury-lawyers/): When drivers in South Carolina purchase auto insurance, many only consider two things: the amount of coverage and the cost of the premium. These drivers only purchase a liability policy, which mainly only covers injury or damage to others and leave little protection for themselves. However, there are other things to consider. Some of these considerations include (1) putting extra consideration into their policy limits, (2) purchasing underinsured motorist coverage, (3) purchasing PIP, and (4) purchasing comprehensive and collision coverage. - [Auto Insurance for a Hit & Run Accident in South Carolina](https://charlestonlaw.net/hit-and-run-charleston-accident-attorneys/): Sometimes, in a personal injury case, a motorist can be injured by the fault of another driver who leaves the scene of the accident and is never found. This unfortunate circumstance leaves the injured motorist wondering how he can pay his medical bills and make up for his lost wages due to missing work. Automobile insurance is mandatory in South Carolina so that every driver is required to carry it. Fortunately, every driver who has insurance also has what is called “uninsured motorist coverage” pursuant to S.C. Code Ann. § 38-77-150. Uninsured motorist coverage protects a driver who is injured in an auto accident due to the fault of another driver who does not have insurance coverage to compensate for the injured driver’s damages. By statute, uninsured motorist coverage also covers an injured motorist when the at-fault driver leaves the scene of the accident and cannot be found. - [Texting & Driving in South Carolina ▪ Charleston Personal Injury Attorneys](https://charlestonlaw.net/texting-driving-charleston-personal-injury-lawyers/): Texting while driving is very risky because text messaging takes the driver's visual, manual, and cognitive attention away from the task of operating their vehicle. - [Mental Health & Custody Cases in South Carolina](https://charlestonlaw.net/mental-health-custody-cases-charleston-family-lawyers/): Over the years, our Mount Pleasant, South Carolina divorce lawyers have been involved in many “high conflict” cases surrounding child custody and visitation. The parties can’t agree to anything, they fight over everything, and their case drags on through the family court system at a high financial and emotional cost to the parties and their children. In many of these cases, the conflict seems to be driven by mental health issues. This comes as little surprise considering the effect mental health issues have upon divorce rates. In 2011, a multinational study was conducted regarding 18 types of mental disorders (such as phobias, major depression, and alcoholism) and their impact on marriage and divorce. The study found that the disorders all increased the likelihood of divorce ranging from 20 to 80 percent depending upon the type of mental illness. Other research has shown a strong link between personality disorders (such as antisocial and histrionic personality disorders) and higher divorce rates. - [What Are the Signs of Intoxication in a South Carolina DUI?](https://charlestonlaw.net/charleston-dui-attorney-intoxication-symptoms/): In all the years our Mt. Pleasant DUI lawyers have read officers’ reports and heard their courtroom testimony, we have NEVER come across a situation where the officer didn’t observe the following three so-called “objective symptoms” of intoxication: (1) blood-shot eyes; (2) slurred speech; and (3) strong odor of alcohol. After all, without these “objective symptoms,” the officer wouldn’t have a reason to investigate a driver for DUI. But are these “symptoms” really objective indicators of intoxication? - [Liability for Texting and Driving in South Carolina](https://charlestonlaw.net/liability-for-texting-and-driving-in-south-carolina/): According to the National Highway Traffic Safety Administration (NHTSA), approximately 1 in 5 auto accidents involve a driver who was distracted such texting on a cell phone. NHTSA studies show that using a cell phone while driving delays the driver's reaction time as much having a blood alcohol level of 0.08 (the legal limit in South Carolina). - [Warrantless Searches in South Carolina ▪ Criminal Law](https://charlestonlaw.net/criminal-law-warrantless-search/): On July 17, 2013, the South Carolina Supreme Court held as a general principle that officer safety can justify the opening of a door to an occupied vehicle under reasonable circumstances.  In McHam v. State of South Carolina, three police officers were conducting a traffic checkpoint and stopped McHam's vehicle.  The officer who first approached the vehicle testified that after he asked for license and registration, McHam and his passenger began making movements the officer did not believe were consistent with obtaining license or registration.  He walked around to the other side of the vehicle to observe whether the occupants were reaching for weapons, and when he couldn't see their hands, he opened the passenger door.  Inside the door, the officer saw a bag of crack cocaine, which led to a search of the vehicle and finding other drugs, digital scales, and cash. - [What You Need to Know About Military Divorce in South Carolina](https://charlestonlaw.net/military-divorce-in-charleston-south-carolina/): If you are facing a military divorce in Charleston, lawyer Stephan Futeral has handled family law cases for over 29 years. Before becoming a military divorce lawyer in Charleston, Mr. Futeral served in the US Army and the Army National Guard. As a former member of the armed forces and as a lawyer, Mr. Futeral understands the issues involved when dealing with a military divorce in Charleston. This article covers many of those issues. - [What Are Drug Recognition Experts in South Carolina?](https://charlestonlaw.net/what-are-drug-recognition-experts-in-south-carolina/): Our Mount Pleasant DUI lawyers have dealt with “Drug Recognition Experts” (DRE). South Carolina law makes it illegal to drive a motor vehicle while under the influence of alcohol, any other drug or a combination of other drugs or substances, or the combined influence of alcohol and any other drug or drugs or substances to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. In other words, a driver can be charged with a DUI despite there being zero evidence of whether the driver consumed alcohol. - [How to Get a Criminal Pardon in South Carolina](https://charlestonlaw.net/criminal-pardon-south-carolina/): As a Charleston criminal attorney, I've been asked how a person can get a pardon in South Carolina. A criminal conviction can have long-lasting detrimental effects on someone’s life, including prohibiting you from finding a job, joining the military, voting, or owning a gun. This article explains what a pardon is, what a pardon can do for you, and the basics for applying for and receiving a pardon in South Carolina. - [What are the Best Ways to Protect Your Children During Your Divorce?](https://charlestonlaw.net/kids/): As child custody lawyers in Charleston, we know that divorces can be an intensely stressful experience for any child, regardless of the child’s age or developmental level. Whether a child will be traumatized by a divorce depends not only on the child's resiliency but also on the environment created by the divorcing parents. - [Our Charleston Lawyers Answer Questions About Legal Malpractice](https://charlestonlaw.net/charleston-legal-malpractice-lawyers/): Lawyers are not above the law. When a client is damaged by their attorney's mistake or conduct, the attorney may be liable for "legal malpractice." At the law firm of Futeral & Nelson, LLC, we assist clients who have been damaged by their lawyer's mistake or conduct. - [How to Avoid Common Mistakes in a South Carolina Divorce](https://charlestonlaw.net/common-mistakes-in-south-carolina-divorce/): As any Charleston divorce attorney will tell you, divorce rates are high in the Lowcountry. According to the National Center for Health Statistics, the U.S. divorce rate for first marriages is 43%. Unfortunately, that means that approximately one in three married persons will experience a divorce. If you must go through a divorce, then this article may help you avoid ten common mistakes: - [How Do You Test Blood in a South Carolina DUI?](https://charlestonlaw.net/how-do-you-test-blood-in-south-carolina-dui/): In South Carolina, under certain circumstances, an arresting officer can obtain a blood sample from a DUI suspect. For a Mount Pleasant DUI defense attorney, an arrest based on a blood sample raises a number of different issues than cases involving an arrest based on a breath sample. - [What is a Bad Faith Insurance Claim in South Carolina?](https://charlestonlaw.net/charleston-bad-faith-insurance-lawyers/): In South Carolina, insurance bad faith refers to the failure or refusal of an insurance company to pay out on a legitimate insurance claim made by its insured. There are several types of bad faith that can be committed by insurance companies including: - [South Carolina Unfair Trade Practices Act](https://charlestonlaw.net/corporate-law-attorneys-in-charleston/): Under the UTPA, a private party may recover damages for "any ascertainable loss of money or property . . . as a result of . . . an unfair or deceptive method, act or practice."61  Additionally, a party may recover attorney fees.62  Actual damage is defined as "the difference in value between that with which the plaintiff parted and that which he received."63   However, where a UTPA action is based on a fraudulent misrepresentation to induce the plaintiff to enter into a contract, if the plaintiff elects to affirm the contract rather than rescind, the measure of actual damages is "the difference between the value the plaintiff would have received if the facts had been as represented and the value he actually received."64  If a party alternatively pleads and establishes both fraud and a violation of the UTPA, he or she must elect between the remedies provided by each cause of action.65  Finally, a party may not recover damages for claims of both unfair trade practices and unfair competition in the same suit because such awards would constitute double recovery.66 - [Can You Hack into Your Spouse’s Email in South Carolina?](https://charlestonlaw.net/charleston-family-law-lawyers/): Our Charleston divorce attorneys know that it is not uncommon for spouses to get suspicious about whether their partner is cheating on them. Not surprisingly, the distrustful spouse may investigate by going through credit card, banking statements, and so on. Also, it is not uncommon for a spouse to try to the other spouse's email account to see if they can find proof of adultery. - [Discovering Fraud After Your Lawsuit is Over in South Carolina](https://charlestonlaw.net/attorneys-in-charleston/): In some cases, after a party receives a civil or domestic (family law) judgment, a party may discover that the other party committed fraud through perjured testimony, failing to reveal evidence, hiding assets, etc. The issue then becomes whether the defrauded party can do anything to void the judgment and start the litigation process over again. - [Who Gets the Engagement Ring in a South Carolina Divorce?](https://charlestonlaw.net/who-get-engagement-ring-in-divorce/): Here is a question that divorce lawyers in Charleston have pondered - If a couple decides not to marry, then who gets to keep the engagement ring under South Carolina law? In the past, the belief was that if the giver of the ring (such as the husband-to-be) broke off the engagement, then the receiver of the ring (such as the bride-to-be) kept the ring, and vice versa. - [Miranda Warnings in South Carolina Explained by Charleston Law](https://charlestonlaw.net/miranda-warnings-in-south-carolina/): As a criminal defense lawyer in Mt Pleasant and Charleston, South Carolina, I'm often asked whether a criminal charge will be dismissed if the police fail to read to you your rights before an arrest. These rights, commonly known as Miranda warnings, are as follows: (1) You have the right to remain silent; (2) anything you say can and will be used against you in a court of law; (3) you have the right to talk to a lawyer and have him present with you while you are being questioned; and (4) if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish one. - [What is a Vicious Animal Under SC Law](https://charlestonlaw.net/vicious-animal-under-sc-law/): As many pet owners can attest to, their animals are like members of their family. According to a Harris Poll conducted in 2011, more than three in five Americans (62%) have a pet. Among pet owners, seven in ten have a dog (69%) and half have a cat (51%). Over nine in ten pet owners (91%) say they consider their pet to be a member of their family. Over half of pet owners (57%) say they frequently let their pet sleep in the bed. Pets also get presents. One-third of pet owners (33%) frequently purchase holiday presents for their pet, while one-quarter (27%) occasionally do so. One in five pet owners (20%) frequently buy their pets birthday presents and while 17% do so occasionally. ## Pages - [Habitual Offender Lawyers in Charleston](https://charlestonlaw.net/charleston-habitual-offender-lawyer/): Charleston Habitual Offender Defense Attorneys - [Boating Under the Influence Lawyers in Charleston](https://charlestonlaw.net/charleston-boating-under-the-influence-lawyer/): Charleston BUI Defense Attorneys - [DUAC Lawyers in Charleston](https://charlestonlaw.net/charleston-duac-lawyer/): Charleston DUAC Defense Attorneys - [Second Offense DUI Lawyers in Charleston](https://charlestonlaw.net/charleston-second-offense-dui-lawyer/): Charleston Repeat DUI Defense Attorneys - [White Collar Crime Defense Lawyers in Charleston](https://charlestonlaw.net/charleston-white-collar-crime-lawyer/): Charleston White Collar Crime Defense Attorneys - [Embezzlement Defense Lawyers in Charleston](https://charlestonlaw.net/charleston-embezzlement-lawyer/): Charleston Embezzlement Defense Attorneys - [Assault and Battery Defense Lawyers in Charleston](https://charlestonlaw.net/charleston-assault-and-battery-lawyer/): Charleston Assault and Battery Defense Attorneys - [Legal Separation Lawyers in Charleston](https://charlestonlaw.net/charleston-legal-separation-lawyer/): Separating from a spouse raises urgent questions about the children, the home, and money long before a divorce is final. Our Charleston legal separation lawyers help you protect your rights from the first day of the separation in family courts throughout the Charleston area. - [Name Change Lawyers in Charleston](https://charlestonlaw.net/charleston-name-change-lawyer/): A standalone name change in South Carolina requires a court order, and the court will want to know that the change is made for a proper purpose. A name change resulting from marriage generally does not require a separate court order. Our Charleston name change lawyers prepare the petition, gather the required background information, and represent you at any required hearing so the process goes as smoothly as possible. - [Prenuptial and Postnuptial Agreement Lawyers in Charleston](https://charlestonlaw.net/charleston-prenuptial-agreement-lawyer/): A prenuptial or postnuptial agreement lets spouses decide in advance how property, debts, and alimony will be handled if the marriage ends, instead of leaving those decisions to a judge. Our Charleston prenuptial agreement lawyers help you draft a clear agreement, or review one your partner has proposed, so that it is fair and enforceable. - [Family Court Modification Lawyers in Charleston](https://charlestonlaw.net/charleston-family-court-modification-lawyer/): Life changes after a divorce or custody order. Our Charleston modification lawyers help parents and former spouses change custody, visitation, child support, and alimony when circumstances change, in family courts throughout the Charleston area. - [Child Support Lawyers in Charleston](https://charlestonlaw.net/charleston-child-support-lawyer/): Child support affects your children’s daily needs and your own budget for years. Our Charleston child support lawyers help parents establish, calculate, enforce, and change child support in family courts throughout the Charleston area. - [Property Division Lawyers in Charleston](https://charlestonlaw.net/charleston-property-division-lawyer/): Dividing a home, retirement accounts, a business, and debts can shape your financial life for decades. Our Charleston property division lawyers help you identify, value, and fairly divide marital property in family courts throughout the Charleston area. - [Alimony Lawyers in Charleston](https://charlestonlaw.net/charleston-alimony-lawyer/): Alimony can affect your finances for years after a divorce. Whether you need support or have been asked to pay it, our Charleston alimony lawyers help you understand your rights and fight for a fair result in family courts throughout the Charleston area. - [Areas We Serve](https://charlestonlaw.net/areas-we-serve/): Futeral & Nelson represents clients in DUI, criminal defense, and divorce cases throughout the Charleston area, including Charleston, Berkeley, and Dorchester counties. Choose your community below to learn about its local courts and how our attorneys can help. - [Divorce Lawyers in Moncks Corner SC](https://charlestonlaw.net/divorce-lawyers-in-moncks-corner-sc/): A divorce affects your children, your home, and your financial future. Our Moncks Corner divorce lawyers give you clear advice and strong representation in the Berkeley County Family Court so you can make good decisions during a difficult time. - [Moncks Corner Criminal Defense Lawyers](https://charlestonlaw.net/moncks-corner-criminal-defense-lawyer/): If you’ve been arrested in Moncks Corner or anywhere in Berkeley County, the decisions you make in the first few days can affect your record, your job, and your freedom. Our Moncks Corner criminal defense lawyers step in early to protect your rights and build your defense. - [Moncks Corner DUI Lawyer](https://charlestonlaw.net/moncks-corner-dui-lawyer/): A DUI arrest in Moncks Corner can put your license, your job, and your record at risk within days. Our Moncks Corner DUI lawyers move quickly to protect your driving privileges and build your defense. - [Mount Pleasant Criminal Defense Lawyers](https://charlestonlaw.net/mount-pleasant-criminal-defense-lawyer/): If you’ve been arrested in Mount Pleasant or anywhere in Charleston County, the decisions you make in the first few days can affect your record, your job, and your freedom. Our Mount Pleasant criminal defense lawyers step in early to protect your rights and build your defense. - [Divorce Lawyers in North Charleston SC](https://charlestonlaw.net/divorce-lawyers-in-north-charleston-sc/): A divorce affects your children, your home, and your financial future. Our North Charleston divorce lawyers give you clear advice and strong representation in the family courts of Charleston, Dorchester, and Berkeley counties so you can make good decisions during a difficult time. - [North Charleston Criminal Defense Lawyers](https://charlestonlaw.net/north-charleston-criminal-defense-lawyer/): If you’ve been arrested in North Charleston, the decisions you make in the first few days can affect your record, your job, and your freedom. Our North Charleston criminal defense lawyers step in early to protect your rights and build your defense. - [Divorce Lawyers in Goose Creek SC](https://charlestonlaw.net/divorce-lawyers-in-goose-creek-sc/): A divorce affects your children, your home, and your financial future. Our Goose Creek divorce lawyers give you clear advice and strong representation in the Berkeley County Family Court so you can make good decisions during a difficult time. - [Goose Creek Criminal Defense Lawyers](https://charlestonlaw.net/goose-creek-criminal-defense-lawyer/): If you’ve been arrested in Goose Creek or anywhere in Berkeley County, the decisions you make in the first few days can affect your record, your job, and your freedom. Our Goose Creek criminal defense lawyers step in early to protect your rights and build your defense. - [Goose Creek DUI Lawyer](https://charlestonlaw.net/goose-creek-dui-lawyer/): A DUI arrest in Goose Creek can put your license, your job, and your record at risk within days. Our Goose Creek DUI lawyers move quickly to protect your driving privileges and build your defense. - [Divorce Lawyers in Hanahan SC](https://charlestonlaw.net/divorce-lawyers-in-hanahan-sc/): A divorce affects your children, your home, and your financial future. Our Hanahan divorce lawyers give you clear advice and strong representation in the Berkeley County Family Court so you can make good decisions during a difficult time. - [Hanahan Criminal Defense Lawyers](https://charlestonlaw.net/hanahan-criminal-defense-lawyer/): If you’ve been arrested in Hanahan or anywhere in Berkeley County, the decisions you make in the first few days can affect your record, your job, and your freedom. Our Hanahan criminal defense lawyers step in early to protect your rights and build your defense. - [Hanahan DUI Lawyer](https://charlestonlaw.net/hanahan-dui-lawyer/): A DUI arrest in Hanahan can put your license, your job, and your record at risk within days. Our Hanahan DUI lawyers move quickly to protect your driving privileges and build your defense. - [North Charleston DUI Lawyer](https://charlestonlaw.net/north-charleston-dui-lawyer/): A DUI arrest in North Charleston can put your license, your job, and your record at risk within days. Our North Charleston DUI lawyers move quickly to protect your driving privileges and build your defense. - [Charleston Felony DUI Lawyers](https://charlestonlaw.net/charleston-felony-dui-lawyer/): Charleston Felony DUI Defense Attorneys - [South Carolina Expungement & Pardon Lawyer](https://charlestonlaw.net/south-carolina-expungement-lawyer/): South Carolina Expungement & Pardon Attorneys - [Gun Charges Lawyers in Charleston](https://charlestonlaw.net/charleston-gun-charges-lawyer/): Charleston Gun and Weapons Charges Attorneys - [Summerville Criminal Defense Lawyers](https://charlestonlaw.net/summerville-criminal-defense-lawyer/): Summerville Criminal Defense Attorneys - [Summerville DUI Lawyer](https://charlestonlaw.net/summerville-dui-lawyer/): A DUI arrest in Summerville or anywhere in Dorchester County can put your license, your job, and your record at risk within days. Our Summerville DUI lawyers move quickly to protect your driving privileges and build your defense. - [Child Custody Lawyers in Charleston](https://charlestonlaw.net/charleston-child-custody-lawyer/): Few things matter more than your children. Whether you are going through a divorce, were never married to the other parent, or need to change an existing order, our Charleston child custody lawyers help you present the strongest case for a parenting arrangement that serves your children’s best interests. - [Domestic Violence Defense Lawyers in Charleston](https://charlestonlaw.net/charleston-domestic-violence-lawyer/): Charleston Domestic Violence Defense Attorneys - [Privacy Policy](https://charlestonlaw.net/privacy-policy/): Futeral & Nelson, LLC ("Futeral & Nelson," "we," "us," or "our") respects your privacy. This Privacy Policy explains what information we collect when you visit charlestonlaw.net (the "Website"), how we use it, who we share it with, and the choices you have. By using the Website, you agree to the practices described in this policy. - [Lauren Strasburger](https://charlestonlaw.net/lauren-strasburger/): Lauren Strasburger was born in Greensboro, North Carolina. A lifelong sports enthusiast, she is passionate about athletics and values spending quality time with her family. Today, she is a Charleston attorney who focuses her practice on family law. - [Divorce Lawyers in Summerville SC](https://charlestonlaw.net/divorce-lawyers-in-summerville-sc/): Our divorce lawyers in Summerville SC can guide you through the process and protect your rights. - [Business & Contract Law](https://charlestonlaw.net/business-lawyer-charleston-sc/): Charleston Business Dispute Attorney - [Thank You](https://charlestonlaw.net/thank-you/): Thank you for contacting our law firm. We have received your message, and we will contact you soon. If you need immediate assistance, please call our law firm at 843-284-5500. - [Futeral & Nelson Legal Scholarship](https://charlestonlaw.net/futeral-nelson-legal-scholarship/): At Futeral & Nelson, we understand the value of and the opportunities that come from obtaining law school degree. We offer this scholarship as a means for law school students to relieve the financial stress of pursuing their career goals. That is why we are committed to helping pay for law school with a $2,000.00 scholarship. - [Futeral & Nelson Educational Scholarship](https://charlestonlaw.net/academic-scholarship/): At Futeral & Nelson, we understand the value of and the opportunities that come from obtaining a college or graduate school degree. We offer this scholarship as a means for students to relieve the financial stress of pursuing their career goals. That is why we are committed to helping pay for a college or graduate degree with a $2,000.00 scholarship. - [Adoption Lawyers in Charleston, SC](https://charlestonlaw.net/adoption-lawyers-charleston/): Whether you're a hopeful parent-to-be or a birth mother seeking the best future for your child, our team of experienced adoption lawyers in Charleston is here to guide you through every step of the adoption process. - [Contact Us](https://charlestonlaw.net/contact-us/): 534 Johnnie Dodds Blvd., Suite 202Mt. Pleasant, South Carolina 29464 - [South Carolina Truck Accident Lawyer](https://charlestonlaw.net/trucking-accident-lawyer/): Charleston Truck Accident Attorneys - [Divorce Lawyers in Mount Pleasant SC](https://charlestonlaw.net/divorce-lawyers-in-mount-pleasant-sc/): Our divorce lawyers in Mount Pleasant SC can help with any type of divorce including simple, complex, uncontested and contested divorces. - [Mount Pleasant DUI Lawyer](https://charlestonlaw.net/dui-defense-mtpleasant/): Getting arrested for DUI in Mount Pleasant can have serious consequences, including losing your license and your job. That’s why you need a top-notch Mount Pleasant DUI lawyer from Futeral & Nelson. - [Family Court Mediator in Charleston, South Carolina](https://charlestonlaw.net/family-court-mediation/): Charleston Family Court Mediator - [Attorneys for Fathers Rights in Charleston](https://charlestonlaw.net/attorneys-fathers-rights-charleston/): Charleston Fathers' Rights Attorneys - [Drug Possession Lawyers in Charleston](https://charlestonlaw.net/drug-possession-lawyers-charleston/): If you need our help, contact our drug possession lawyers in Charleston today for a free consultation. Call us at 843-284-5500. - [Charleston Lawyers for Disorderly Conduct & Public Intoxication](https://charlestonlaw.net/disorderly-conduct-public-intoxication/): Charleston Criminal Defense Attorneys - [College Student Defense Attorneys in Charleston](https://charlestonlaw.net/college-student-defense-lawyer/): Charleston College Student Defense Attorneys - [Nursing Home Abuse Lawyers in Charleston, South Carolina](https://charlestonlaw.net/south-carolina-nursing-home-abuse-lawyers/): Charleston Nursing Home Abuse Attorneys - [Juvenile Defense Attorneys in Charleston](https://charlestonlaw.net/juvenile-defense-attorneys-charleston-sc/): Charleston Juvenile Defense Attorneys - [Shoplifting Defense Lawyers in Charleston](https://charlestonlaw.net/charleston-shoplifting-attorneys/): To learn about the other charges we defend, visit our Charleston criminal defense lawyers page. If you need our help, contact our shoplifting defense lawyers in Charleston today for a free consultation. Call us at 843-284-5500. - [Free Book on Motorcycle Laws in South Carolina](https://charlestonlaw.net/motorcycle-laws-in-south-carolina/): Whether you just bought your first bike, have ridden for years, or were hurt in a crash, South Carolina motorcycle law raises a lot of questions. What license and gear do you need? What rules apply on the road and when you park? What should you do after an accident? Where can you find clear answers without paying for them? - [Free Book on Gun Laws in South Carolina](https://charlestonlaw.net/gun-laws-in-south-carolina/): Whether you own a handgun, carry one for protection, or are thinking about buying your first firearm, South Carolina gun laws can be hard to sort out. Who is allowed to own a gun? Where can you carry it, and when does the law allow you to use it to defend yourself? Where can you find clear answers without paying for them? - [Free Book on DUI in South Carolina](https://charlestonlaw.net/dui-in-south-carolina/): If you or someone you care about was just arrested for DUI in South Carolina, you probably have more questions than answers. Will you lose your driver's license? What do the breath test results mean? What penalties could you face, and what happens when you go to court? Where can you find clear answers without paying for them? - [Free Book on Divorce in South Carolina](https://charlestonlaw.net/divorce-in-south-carolina/): A divorce raises hard questions about your children, your home, your finances, and your future, and most people have never set foot in a South Carolina family court. Where can you find a reliable, plain-English explanation of how divorce works in South Carolina without paying for it? - [Free Book on Boating Laws in South Carolina](https://charlestonlaw.net/boating-laws-in-south-carolina/): Whether you own a boat, rent one for the weekend, or were hurt in an accident on the water, South Carolina boating law can be confusing. What equipment do you need, what are the speed and towing rules, and what happens if you are charged with boating under the influence? Where can you find clear answers without paying for them? - [Free Book on Animal Law in South Carolina](https://charlestonlaw.net/animal-law-in-south-carolina/): A dog bite, an injured pet, a dispute with a neighbor over a dangerous animal, or a question about providing for your pets after you are gone can leave you unsure of your rights. Where can you find a clear, plain-English explanation of the South Carolina laws that apply to pet and animal owners without paying for it? - [Kelsey Futeral](https://charlestonlaw.net/kelsey-futeral/): Kelsey Gilmore-Futeral practices family law in the counties of Charleston, Berkeley, and Dorchester. Originally from South Dakota, she came to Charleston to be the Captain of the College of Charleston’s Equestrian Team. After graduating with honors, Mrs. Futeral attended the Charleston School of Law, where she also graduated with honors. - [Thomas Nelson](https://charlestonlaw.net/thomas-nelson/): Thomas Nelson is a native of the Lowcountry. He grew up in West Ashley. Thomas is passionate about music, and he is an avid guitarist, enjoying playing with friends, at weddings, at social events, and at local watering holes. He also enjoys recreational boating in the Summer, spending time with his wife and their dogs, and following college and professional football during the Fall. He is also an accomplished Charleston attorney who practices in the areas of family law, DUI defense, criminal defense, and personal injury. - [Stephan Futeral](https://charlestonlaw.net/stephan-futeral/): Stephan Futeral has deep ties to the local community. For over 50 years, he’s lived and worked in the Lowcountry. He grew up in West Ashley, he went to high school and college in downtown Charleston, he worked on oyster boats on Shem Creek, and he’s lived in Mt. Pleasant for over 30 years. Chances are you’ll run into him on the beach while he walks his dogs with his wife, Kelsey, or at a community event such as the Oyster Festival at Boone Hall. He is also an experienced Charleston attorney who practices in the areas of family law, DUI defense, criminal defense, personal injury, and business law. - [Top-Rated Divorce & Criminal Defense Lawyers in Charleston | Futeral & Nelson, LLC](https://charlestonlaw.net/): Charleston Divorce, Criminal Defense & DUI Lawyers - [Personal Injury](https://charlestonlaw.net/personal-injury-attorney/): Charleston Personal Injury Attorneys - [Criminal Defense](https://charlestonlaw.net/charleston-criminal-lawyer/): Charleston Criminal Defense Attorneys - [DUI Defense](https://charlestonlaw.net/charleston-dui-defense-lawyer/): Charleston DUI Defense Attorneys - [Divorce Lawyer](https://charlestonlaw.net/divorce-lawyers-charleston/): If you are getting a divorce in Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, or the surrounding areas, our divorce lawyers in Charleston are here to guide you through the family court every step of the way. - [Futeral & Nelson Reviews](https://charlestonlaw.net/review/): Reviews for Futeral & Nelson LLC ## Practice Areas ### Family Law and Divorce - [Charleston Divorce and Family Lawyers](https://charlestonlaw.net/divorce-lawyers-charleston/): Divorce, alimony, child custody, child support, and property division in Charleston, South Carolina. - [Mount Pleasant Divorce Lawyers](https://charlestonlaw.net/divorce-lawyers-in-mount-pleasant-sc/): Divorce and family court representation for Mount Pleasant residents. - [Summerville Divorce Lawyers](https://charlestonlaw.net/divorce-lawyers-in-summerville-sc/): Divorce and family court representation for Summerville residents. - [Fathers' Rights Lawyers](https://charlestonlaw.net/attorneys-fathers-rights-charleston/): Custody, visitation, paternity, and child support representation for fathers. - [Adoption Lawyers](https://charlestonlaw.net/adoption-lawyers-charleston/): Stepparent, relative, adult, and other adoptions in South Carolina. - [Family Court Mediation](https://charlestonlaw.net/family-court-mediation/): Certified family court mediation to resolve divorce and custody issues without trial. ### Criminal Defense - [Charleston Criminal Defense Lawyers](https://charlestonlaw.net/charleston-criminal-lawyer/): Defense of DUI, drug offenses, domestic violence, probation violations, and other criminal charges in the Charleston area. - [Charleston DUI Defense Lawyers](https://charlestonlaw.net/charleston-dui-defense-lawyer/): Defense of DUI, DUAC, and BUI charges in the Charleston area. - [Mount Pleasant DUI Lawyers](https://charlestonlaw.net/dui-defense-mtpleasant/): DUI and felony DUI defense for drivers charged in Mount Pleasant. - [Drug Possession Lawyers](https://charlestonlaw.net/drug-possession-lawyers-charleston/): Defense of drug possession and related charges in South Carolina. - [Juvenile Defense Lawyers](https://charlestonlaw.net/juvenile-defense-attorneys-charleston-sc/): Defense of juveniles charged in South Carolina family court. - [College Student Defense Lawyers](https://charlestonlaw.net/college-student-defense-lawyer/): Defense of college students facing criminal charges and related campus consequences. - [Shoplifting Defense Lawyers](https://charlestonlaw.net/charleston-shoplifting-attorneys/): Defense of shoplifting charges in Charleston, North Charleston, and Mount Pleasant. - [Disorderly Conduct and Public Intoxication Lawyers](https://charlestonlaw.net/disorderly-conduct-public-intoxication/): Defense of disorderly conduct and public intoxication charges. ### Personal Injury - [Charleston Personal Injury Lawyers](https://charlestonlaw.net/personal-injury-attorney/): Trucking accidents, slip and fall injuries, defective products, medical malpractice, and wrongful death claims. - [Truck Accident Lawyers](https://charlestonlaw.net/trucking-accident-lawyer/): Claims for injuries caused by tractor trailers and other commercial vehicles. - [Nursing Home Abuse Lawyers](https://charlestonlaw.net/south-carolina-nursing-home-abuse-lawyers/): Claims for abuse and neglect of nursing home residents in South Carolina. ### Business Law - [Business and Contract Lawyers](https://charlestonlaw.net/business-lawyer-charleston-sc/): Business formation, contracts, and business disputes for South Carolina companies. ## Practice Area Categories - [Divorce](https://charlestonlaw.net/category/divorce/): Divorce, alimony, custody, and family court matters in South Carolina. - [Family Law in Charleston, South Carolina](https://charlestonlaw.net/category/family-law-in-charleston-south-carolina/): Family law topics including custody, support, and mediation. - [Criminal Defense in Charleston, South Carolina](https://charlestonlaw.net/category/criminal-defense/): Criminal defense topics and case law in South Carolina. - [DUI Defense in Charleston, South Carolina](https://charlestonlaw.net/category/dui/): DUI law, penalties, and defense strategies in South Carolina. - [Personal Injury Claims in Charleston, South Carolina](https://charlestonlaw.net/category/personal-injury/): Personal injury claims, auto accidents, and liability in South Carolina. - [Business Law in Charleston, South Carolina](https://charlestonlaw.net/category/business-law-2/): Business and contract law topics for South Carolina companies. - [Consumer Law in Charleston, South Carolina](https://charlestonlaw.net/category/consumer-law/): Consumer protection law topics in South Carolina. - [Construction & Real Estate](https://charlestonlaw.net/category/real-estate-and-construction/): Construction and real estate law topics in South Carolina. - [Arbitration & Mediation](https://charlestonlaw.net/category/alternative-dispute-resolution/): Arbitration and mediation as alternatives to litigation. ## Popular Topics - [Family Court](https://charlestonlaw.net/tag/family-court/): Family court procedures and issues in South Carolina. - [Divorce](https://charlestonlaw.net/tag/divorce/): Divorce topics and case guidance in South Carolina. - [DUI](https://charlestonlaw.net/tag/dui-3/): DUI charges, defense, and penalties in South Carolina. - [Personal Injury Claims](https://charlestonlaw.net/tag/personal-injury-claims/): Personal injury claims and liability in South Carolina. - [Child Custody](https://charlestonlaw.net/tag/child_custody/): Child custody laws and disputes in South Carolina. - [Driver's License Suspension](https://charlestonlaw.net/tag/drivers-license-suspension/): License suspension rules following DUI or DUAC charges. - [DUAC](https://charlestonlaw.net/tag/duac/): Driving with an unlawful alcohol concentration in South Carolina. - [Automobile Accidents](https://charlestonlaw.net/tag/auto-accidents/): Car accident claims and liability in South Carolina. - [Child Support](https://charlestonlaw.net/tag/child-support/): Child support calculation and enforcement in South Carolina. - [Breath Test](https://charlestonlaw.net/tag/breath-test/): Breath alcohol testing procedures in DUI cases. - [DMT Datamaster](https://charlestonlaw.net/tag/datamaster/): The DataMaster breath testing device used in South Carolina DUI cases. - [Equitable Division of Property](https://charlestonlaw.net/tag/equitable-division-of-property/): Division of marital property in a South Carolina divorce. - [Marital Property](https://charlestonlaw.net/tag/marital-property/): What counts as marital property in a South Carolina divorce. - [Legal Fees](https://charlestonlaw.net/tag/legal-fees/): Attorney fees and costs in South Carolina legal cases. - [Implied Consent](https://charlestonlaw.net/tag/implied-consent/): South Carolina's implied consent law for DUI testing. - [Lawsuit](https://charlestonlaw.net/tag/lawsuit/): Civil lawsuit procedures in South Carolina. - [Visitation](https://charlestonlaw.net/tag/visitation/): Child visitation rights and schedules in South Carolina. - [Alimony](https://charlestonlaw.net/tag/alimony-family-law/): Alimony types, calculation, and modification in South Carolina. - [Criminal Defense Attorneys](https://charlestonlaw.net/tag/criminal-defense-attorneys/): Criminal defense representation in South Carolina. - [Equitable Division](https://charlestonlaw.net/tag/equitable-division/): Equitable division principles in South Carolina divorce cases.