Division Of Assets, Property And Debts

Division Of Assets, Property And Debts

Adding stress to the divorce process, dividing the property and assets shared between spouses is something no one wants to think about. The divorce attorneys at Bannister, Wyatt & Stalvey, LLC are skilled in handling this delicate process and will work to help you obtain what you deserve in order to live a comfortable life after divorce.

What You Need to Know:

South Carolina law demands the equitable division of assets, property and debts. Homes, vehicles, jewelry, investments and money acquired during the marriage are all considered marital assets, which the courts attempt to divide evenly. However, you are not required to divide non-marital assets, which is property you own separately and was not obtained during the marriage.

What’s next?

While the court system does its best to provide equity, parity is not always achieved during the property division process. The divorce attorneys at Bannister, Wyatt & Stalvey LLC will work to ensure you receive your fair share of both marital and non-marital assets.

At a time when you need someone on your side, the divorce attorneys at Bannister, Wyatt & Stalvey will be there for you. You do not need to face this process alone. Call us today at 864.298.0084 or contact us online.

FAQ's

A minimum consultation fee of $450 is required on all family court matters. Please take a minute to read our Frequently Asked Questions.

Q: I am I required to pay child support if I don’t have any contact or visitation with my child or children?
A: Yes, all parents are required to pay child support regardless of how often you contact or visit your child or children. The only instance where this may not be necessary is if your parental rights have been terminated.

Q: Can the Department of Social Services (DSS) force me to submit to a drug test?

A: No, DSS does not have the right to force you to submit to a drug test; however, by refusing the test, it does give them reason to suspect drug use in the home and they may seek removal of any children.

Q: I have court hearing requesting that I pay child support. What should I do?
A: Every situation and family court matter is unique. When possible, we recommend contacting an experienced family law attorney to help you navigate family court and ensure the best outcome for you and your children. Our family law attorneys are available to help. We require a minimum consultation fee of $450 on all family court matters. Schedule a comprehensive consultation by calling us today at 864-298-0084 or contact us online.

Q: We have an uncontested divorce and are in agreement on everything. What are the fees for an uncontested divorce?

A: While an uncontested divorce may feel like an open and shut matter, our attorneys give all family court matters a comprehensive review and consultation. We require a minimum consultation fee of $450 on all family court matters. Since divorce includes two parties, we can only represent one spouse in this instance.

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Family Law Attorneys

Oscar W. Bannister, Jr.

Oscar W. Bannister, Jr. (Bill) founded Bannister, Wyatt & Stalvey along with John F. Wyatt in 2000. Mr. Bannister graduated from the Citadel in 1962 with a Bachelor of Arts degree in History. From 1962-1965, Mr. Bannister served as an officer in the U.S. Army. He attended law school at the University of South Carolina, where he received his J.D. in 1969. Mr. Bannister was admitted to the South Carolina bar, the U.S. District Court and the Fourth Circuit Court of Appeals in 1969.

Mr. Bannister served as an assistant U.S. Attorney from 1970-1974. With over 35 years of experience in the courtroom, Mr. Bannister provides counsel and advice in the areas of Criminal Law and Family Law. He has successfully tried cases throughout South Carolina, earning a listing in Best Lawyers of America for the past 24 years (1991-2014) for his work in DUI/DWI defense as well as white and non-white collar criminal defense.

With a high degree of professionalism, Mr. Bannister has tried cases focusing on White Collar Crime, Criminal Taxation, Civil Practice, Divorce, Fire Loss, Litigation, RICO, Internet Crimes, Drugs and Narcotics, Tax Evasion, Tax Fraud and Criminal Tax Audits.

Born in Union, S.C., Mr. Bannister is a member of the Greenville County and Federal Bar Associations, the South Carolina Bar, the South Carolina Trial Lawyers Association, the South Carolina Association of Criminal Defense Lawyers and the Association of Trial Lawyers of America. He is also LexisNexis Martindale-Hubbell Peer Review Rated.

Bruce Bannister

Bruce Wyche Bannister is a partner of Bannister, Wyatt, & Stalvey, LLC and a member of the South Carolina House of Representatives.

Mr. Bannister graduated from Davidson College in 1995 and went on to earn his law degree from the University of South Carolina in 1998.

Mr. Bannister focuses on Family Law, Eminent Domain, and Real Estate Law. He has tried cases involving Personal Injury, Premises Liability, Eminent Domain, Education Law, Residential Real Estate, Commercial Real Estate, Government, Zoning, Planning, and Land Use.

Admitted to the practice of law in South Carolina in 1998, Mr. Bannister was elected as the SC House District 24 Representative in 2005. He currently serves on the Judiciary Committee and is Chairman of the Constitutional Laws Subcommittee. Mr. Bannister was elected by his peers to serve as the Assistant Majority leader for the SC House Republican Caucus from 2008-2012, and now serves as the House Majority Leader. He also serves as the Chairman of the South Carolina Bar Lawyer Legislator task force.

Mr. Bannister is a lifelong resident of Greenville, where he serves as a member of the Wig and Robe, Greenville County Young Lawyers, South Carolina Bar, and the Better Business Bureau. He is a LexisNexis Martindale-Hubbell Peer Review Rated lawyer, and has also taught as an adjunct professor at Greenville Technical College. He also holds previous experience as a law clerk to the Honorable Larry R. Patterson, Circuit Court Judge.

As an active member within the community, Mr. Bannister is a graduate of Leadership Greenville Class XXVI and a member of Liberty Fellowship’s Class of 2014. He currently serves as a board member for the Children’s Museum of the Upstate and the Andrews Society of Greenville. He is a past Board Member for the Greenville Peace Center and a Child’s Haven. In 2011, Mr. Bannister received the Children’s Hospital Legislative Advocacy Award for his efforts on behalf of the SC Institute for Child Success.

Bruce W. Bannister focuses his experience on Family Law, Eminent Domain, and Real Estate Law. As a practicing family law and real estate lawyer, Mr. Bannister tries cases involving premises liability, personal injury, education law, zoning, planning, and land use.

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Luke Burke

As an associate at Bannister, Wyatt & Stalvey, Luke Burke’s main area of practice is in Civil Litigation, with a primary focus on Family Law, Real Estate Litigation, and Business Litigation.

Mr. Burke received his bachelor’s degree from the University of Notre Dame in 2002, and held a position as a software engineer and developer for several years before entering law school.
In 2011, Mr. Burke graduated with honors from the University of South Carolina School of Law and became a member of the South Carolina Bar. During his time at USC, he was a distinguished member of the South Carolina Law Review, Order of the Coif, and Order of Wig and Robe.

A Chicago native, Mr. Burke relocated to Greenville in 2006 after observing the exciting revitalization occurring in the upstate. He and his wife, Megan, currently reside in Taylors and enjoy taking advantage of the many outdoor festivals and fine cuisine Greenville has to offer.

Prior to joining Bannister, Wyatt & Stalvey, Mr. Burke served as an associate attorney with Moon Law where his practice focused on litigation. He also holds past experience with the University of South Carolina Intellectual Property Office, where he drafted contracts, licenses, and compliance reports, and assisted in obtaining patents for USC inventions.

Affiliations

  • Greenville County Bar
  • South Carolina Bar
  • Federal Bar Association (District of South Carolina)
  • Order of Wig and Robe
  • Order of the Coif