Regina M. Banis, LLC

Navigating Divorce in South Carolina

Discovering the Right Path Forward

In South Carolina, divorces can be categorized as either "at-fault" or "no-fault." Here's a breakdown to guide you through the grounds for divorce in our state.

No-Fault Divorce: Living Separate and Apart

South Carolina's "no-fault" divorce is centered around living separately and apart without cohabitation for a minimum of one year. The option to file a Separate and Support Maintenance action arises as soon as the decision to live separately is made. This action creates a clear line for the court to use when distributing assets and debts.

At-Fault Divorce: Establishing Grounds

For those pursuing an at-fault divorce, proof must be provided to demonstrate entitlement due to the spouse's responsibility for the marriage's breakdown. Grounds for an at-fault divorce include:

• Adultery
• Physical cruelty
• Habitual drunkenness or drug use
• Desertion for a period of one year

Successfully proving your spouse's role in the marriage's breakdown may influence the court to award a more favorable property settlement or spousal support. However, it's important to note that at-fault divorces often involve heightened conflict, potentially leading to prolonged, expensive litigation and emotional upheaval for the family.

Regina M. Banis, LLC: Your Compass in Divorce

At Regina M. Banis, LLC, we comprehend the intricate challenges associated with ending a marriage. Our team is dedicated to guiding you through the entire process, offering support and expertise from the initial steps to the final resolution.

Crafting Legacies, Ensuring Futures: Estate Planning with Regina M. Banis, LLC

At Regina M. Banis, LLC, we understand that estate planning is not just about documents; it's about securing the future for you and your loved ones. With a legal practice deeply rooted in South Carolina since 1994, Regina M. Banis brings a wealth of experience to the delicate art of estate planning.

Our estate planning practice goes beyond the conventional. We don't just draft wills and trusts; we tailor comprehensive strategies that reflect your unique circumstances and aspirations. Whether you're safeguarding assets, planning for the next generation, or navigating the complexities of probate avoidance, we're here to guide you with precision and care.

Regina, a trailblazer in the legal landscape, founded this firm in 2007 with a vision to provide not just legal services but a personalized approach to estate planning. As a trusted figure in Beaufort, Jasper, Hampton, Colleton, and Charleston counties, Regina M. Banis, LLC is your partner in shaping legacies that endure.

Our commitment is to empower you with the knowledge and tools necessary to make informed decisions about your estate. From advanced healthcare directives to intricate tax planning, we address every facet of estate planning with the diligence and expertise that defines our practice.

Regina M. Banis, LLC: Where your legacy is our priority, and the future is meticulously planned.

Probate Proficiency at Regina M. Banis, LLC

Navigating the complexities of probate requires not only legal acumen but also compassion for those facing the challenges of managing an estate. At Regina M. Banis, LLC, our probate practice stands as a pillar of support for families in Beaufort, Jasper, Hampton, Colleton, and Charleston counties.

With a legacy of legal excellence since 1994, Regina M. Banis brings her seasoned expertise to the probate process. Whether you're facing the intricacies of estate administration, ensuring the rightful distribution of assets, or addressing potential disputes, we are here for you.

As a South Carolina certified family court mediator since 2009, Regina approaches probate matters with a unique skill set, fostering resolution and understanding in times of emotional strain. Our commitment extends beyond legal formalities; we prioritize your peace of mind during these sensitive proceedings.

Regina M. Banis, LLC is not merely a law firm; it's a partner in your probate journey, providing clarity and support every step of the way. Your peace of mind is our priority, and we stand ready to guide you through the probate process with diligence, professionalism, and a compassionate touch.

Protecting the Best Interests of the Child: The Role of a Guardian ad Litem

In legal proceedings involving minor children, a Guardian ad Litem (GAL) steps in as a court-appointed legal guardian. At Regina M. Banis, LLC, we recognize the profound responsibility that comes with representing the best interests of children.

Our Role as Guardian ad Litem:

Upon appointment, our dedication to serving the needs of minor children extends throughout the legal proceedings. The scope of our duties is tailored to the ages of those involved and the unique circumstances of each case. Here's an overview of how we fulfill our role:

1. Gathering Comprehensive Evidence:
   • We meticulously gather essential evidence by compiling relevant facts.
   • Conducting interviews, investigating concerns, and obtaining school, criminal, and medical records are integral parts of our evidence-gathering process
2. Providing Support:
   • Understanding the family dynamics is crucial. We familiarize ourselves through observation and monitoring, providing both emotional and legal support to address the needs of the children involved.
3. Making Crucial Recommendations:
   • Acting in the best interests of the child, we assess the necessity of psychological evaluations or counseling.
   • Our role includes making recommendations to the court regarding parenting time, ensuring decisions are aligned with the well-being of those we represent.
4. Collaborating with Legal Entities:
   • We work collaboratively with attorneys to understand their positions on pertinent issues.
   • Assisting the court by offering testimony, filing motions, conducting discovery, and examining witnesses during trial are integral aspects of our collaboration.
5. Ensuring Compliance:
   • Monitoring and ensuring compliance with court orders is a key component of our role. We are steadfast in our commitment to guaranteeing the represented person's needs are met.
6. Making Recommendations:
   • Our recommendations, grounded in a thorough understanding of the case, serve the best interests of the child.
   • Whether it involves suggesting psychological evaluations or counseling, our aim is to contribute to decisions that foster the well-being of the children we represent.

At Regina M. Banis, LLC, our Guardian ad Litem services embody a commitment to fairness, compassion, and an unwavering focus on the best interests of the children involved in legal proceedings.

Navigating Family Transitions: Mediation for Compassionate Resolution

In the realm of family law, the challenges extend beyond legal intricacies; they delve into deeply personal and often emotionally charged territories.

Why Choose Mediation?

Mediation emerges as a beacon of hope, offering a private, voluntary, and confidential avenue for alternative dispute resolution. At Regina M. Banis, LLC, we understand that family transitions, be it separation, divorce, child custody matters, or division of assets and debts, require a delicate touch.

The Role of Certified Family Law Mediator:

In South Carolina, mediation with a certified family court mediator is a prerequisite before scheduling a trial in family law cases. Our Certified Family Law Mediator guides clients across the state, steering them toward personalized solutions and resolutions.

Your Comfort, Your Terms:

Meetings unfold in a private and comforting office setting or can seamlessly transition to remote sessions, ensuring flexibility tailored to your needs. Our goal is to provide a tranquil space for addressing your specific concerns, saving you from the strain and expense associated with a trial.

Regina M. Banis, LLC is committed to facilitating a peaceful and empowering approach to family law matters. Let us guide you through the resolution process with compassion and expertise.

Navigating Child Custody: Crafting Paths to Family Harmony

In the challenging landscape of divorce, child custody and parenting time often emerge as emotionally charged focal points. At Regina M. Banis, LLC, we specialize in employing negotiation, mediation, and litigation strategies to guide our clients from Beaufort County to Charleston County through the intricate process of building custody agreements and visitation schedules. Our aim is to instill a sense of security and peace for both parents and children.

Consult with an Experienced Child Custody Attorney:

Contact us to explore your child custody and parenting plan options with the guidance of an experienced child custody attorney.

Understanding Legal and Physical Custody:

In South Carolina, child custody encompasses two primary types:

• Physical Custody: Refers to the time spent with each parent.
• Legal Custody: Involves decision-making power concerning medical care, religion, education, extra-curricular activities, and the general upbringing of the child.

Diverse Visitation Possibilities:

Crafting a customized custody plan involves considering various combinations of physical and legal custody. For instance, joint legal custody may be complemented by one parent having primary physical custody, with the other enjoying ample visitation (referred to as "parenting time"). The specificity of a visitation schedule is entirely flexible, detailing weekends, holidays, and transportation arrangements.

Custody Determined by the Best Interests of the Child:

South Carolina courts employ the "best interests of the child" standard in custody decisions. Recognizing that parents may define these best interests differently, the court considers several factors, including:

• Fitness of the parents, including issues like substance abuse or domestic violence.
• Primary caretaker status.
• Education and parenting skills.
• Conduct of each parent.
• Opinions of experts and relevant professionals.
• Child's preference.
• Age, health, and sex of the child.
• Quality of educational opportunities.
• Religious beliefs.
• Expressed desire to relocate if awarded custody.

Our commitment extends to assisting both mothers and fathers in securing custody, recognizing that the court remains impartial when determining the best interests of the child.

Regina M. Banis, LLC: Guiding Parents, Building Relationships.

Your Partner in Real Estate Ventures

Acquiring property, be it a primary residence, an investment property, or a vacation home, entails substantial financial commitment and a myriad of decisions. Navigating this complex terrain requires seasoned guidance and expertise. At Regina M. Banis, LLC, we offer the experience and knowledge to lead you seamlessly through the entire process.

Comprehensive Real Estate Representation:

Our services extend to representing clients in various real estate transactions, including:

• Residential and Commercial Real Estate Closings: Ensuring a smooth and secure transition in property ownership.
• Mortgage Refinances: Streamlining the process of refinancing for optimal financial outcomes.
• Home Equity Lines of Credit: Guiding you through leveraging your property's equity responsibly.

Regina M. Banis, LLC is your trusted partner in real estate, committed to ensuring your property transactions are not just transactions but milestones in your financial journey.

Embracing New Beginnings: Adoption Services at Regina M. Banis, LLC

At Regina M. Banis, LLC, we recognize that the journey to building a family through adoption is a profound and emotional experience. With nearly 30 years of dedicated legal expertise in the Lowcountry, we are honored to guide you through the complexities of the adoption process.

Our Comprehensive Adoption Services:

Navigating the legal landscape of adoption requires a compassionate and knowledgeable advocate. Regina M. Banis brings her wealth of experience to the forefront, offering comprehensive adoption services tailored to your unique needs. Whether you are exploring domestic or international adoption, seeking assistance with agency or private adoptions, or navigating stepparent or relative adoptions, our firm is committed to facilitating a smooth and fulfilling process.

Inclusive Support for Every Family:

We proudly extend our services to include adult adoptions and LGBTQIA+ adoptions. Whether you are welcoming an adult into your family or seeking to adopt as an LGBTQIA+ individual or couple, we provide knowledgeable and inclusive support. Our commitment to your peace of mind and the well-being of every family member remains unwavering.

Guiding Your Unique Journey:

From the initial consultations to finalizing the legalities, we prioritize your unique journey and the well-being of everyone involved. Our adoption services extend beyond legal formalities; we provide emotional support, ensuring that every family, regardless of its composition, feels confident and secure as they embark on this transformative journey.

Regina M. Banis, LLC is honored to be a part of your adoption story, assisting you in creating a loving and permanent home for every individual and family.