Under current South Carolina law, a couple wanting to divorce must live separate and apart (i.e., not in the same home) for at least one year, unless there has been no adultery, alcohol/drug abuse, or physical cruelty. Under a bill that is currently pending in our House of Representatives, the wait time for a “no fault”… Continue Reading
Category Archives: Procedure
Subscribe to Procedure RSS FeedPregnant Man in Arizona Plans to Appeal Denial of His Divorce
Posted in Divorce, Jurisdiction, Marriage, Medical Issues, Procedure, SeparationAn attorney who represents Thomas Beatie, a transgender man in Arizona who gave birth to three of his children after changing his sex from female to male, has been denied a divorce. The Arizona judge said that state laws do not recognize same-sex marriage and that he is not allowed to grant a same-sex divorce…. Continue Reading
North Carolina Senate Considers Two-Year Waiting Period For Divorce
Posted in Communication, Dispute Resolution, Divorce, Educational Resources, Marriage, Procedure, Relationships, SeparationNorth Carolina lawmakers recently took a surprise step when a measure was proposed to create a waiting period of two years for those couples considering divorce. Beyond the wait, the bill would also require couples to undergo marriage counseling before being granted a divorce. The measure is backed by a group of Republican legislators who want… Continue Reading
What Does “Exclusive Possession of the Former Marital Home” Mean?
Posted in Assets and Debts, Contempt of Court, Harassment, Procedure, SafetyIn South Carolina, when people separate or divorce, one spouse is typically awarded “exclusive use and possession” of the marital home. This is usually implemented at a temporary hearing soon after the parties separate, but it is subject to change at the final hearing. In either case, an Order is issued specifying who has possession… Continue Reading
Maintaining Credibility in the Discovery Process
Posted in Attorney-Client Relationship, Discovery, Procedure, Research & InvestigationDiscovery in Family Court is both loved and hated by attorneys and litigants alike. We love it when the discovery we have requested and received leads to information that is helpful to our case. However, we hate the process of gathering information and documents in order to respond to other side’s requests for things we… Continue Reading
Important Steps To Take If You’re Preparing For A Divorce
Posted in Attorney-Client Relationship, Divorce, Financial Issues, Practice Tips, Procedure, Research & Investigation, Separation, Tax IssuesThe process of deciding whether to seek a divorce can be a long and difficult one. There are many emotional and financial calculations that go into making this decision, and many couples wrestle with the issue for a considerable amount of time before feeling confident with their conclusion. Taking the necessary time to know that your… Continue Reading
What the New Proposed Parenting Plan Means for Parents in Custody and Visitation Cases
Posted in Child Custody, Guardian ad Litem, Procedure, VisitationAs we have written before, the law in South Carolina changed in 2012 to introduce several new concepts into how child custody cases are handled in Family Court. One such new requirement is the new Proposed Parenting Plan, which is described in SC Code § 63-15-220 (A)-(C). At all temporary hearings where custody is contested, both parents must… Continue Reading
How Do I Value My Home During A Divorce?
Posted in Assets and Debts, Financial Issues, Procedure, Research & InvestigationSomething that might seem easy but can prove to be quite daunting in some cases is valuing a couple’s marital residence during a divorce in South Carolina. Many people might assume that they can simply agree on a figure and go on about their business. However, that’s seldom the case, as the value often affects… Continue Reading
A Closer Look at What Expanded Mandatory Mediation Really Means
Posted in Dispute Resolution, Practice Tips, Procedure, Trial of CasesI am pleased to publish the following Guest Post from retired Family Court Judge Barry Knobel, who is a certified family court mediator with a statewide mediation and arbitration practice: Pursuant to an Order issued on March 14, 2013, the South Carolina Supreme Court expanded mandatory ADR for family court cases into the First, Second, Seventh, and Ninth… Continue Reading
How To Dismiss A Divorce Case In South Carolina
Posted in Divorce, Marriage, Procedure, RelationshipsOnce a divorce petition has been filed in South Carolina, most people think the marriage is all but over. While filing for divorce is typically the beginning of the end, there are many situations where one or both parties may decide they no longer want to move forward with a divorce. Calling it off is possible so… Continue Reading
Important Considerations for Parents in Child Custody Relocation Cases
Posted in Child Custody, Children, Guardian ad Litem, Procedure, VisitationOne of the most common questions I am faced with in both my litigation cases and my private Guardian ad Litem work is, “When is it okay for me to relocate and not endanger my custody arrangements or rights?” Relocation cases can be, and arguably should be, tricky. They can be tricky simply because the law leaves for a great… Continue Reading
Hollywood Star Sues To Lower Alimony and Child Support Obligations
Posted in Alimony, Child Support, Financial Issues, ProcedureOnce a divorce is filed, the couple’s assets and debts, basically their entire financial life is cataloged and recorded, fought about and agonized over. Eventually, this monetary snapshot is used to determine everything, from child support to equitable division of joint assets to alimony. In South Carolina, in most cases where alimony is awarded, there are… Continue Reading
U.S. Supreme Court Gives Hope to Parents Embroiled in International Custody Dispute
Posted in Child Custody, Jurisdiction, ProcedureA heart-breaking custody case out of Florida was recently decided by the United States Supreme Court that gave hope to a father fighting to get his daughter back. The case, involving a former member of the U.S. Army and his wife who left him and moved to Scotland with their young daughter more than a year… Continue Reading
Who’s Allowed to File For Divorce in South Carolina?
Posted in Divorce, Jurisdiction, ProcedureOne of the important questions many have when divorce is looming is where exactly you may file. Jurisdiction is a crucial issue in any legal proceeding, and it’s important to understand the rules in South Carolina. To file a divorce in South Carolina, you must have some connection with the state. Before you can file a… Continue Reading
Financial Restraining Orders in South Carolina
Posted in Assets and Debts, Financial Issues, ProcedureThough the phrase “restraining order” conjures up certain terrible images in most people’s minds, the fact is a Temporary Restraining Orders (TROs) does not have the some connotation in a divorce setting. Rather than being used to help protect a battered wife, TROs are documents that can help ensure mutual respect between spouses and can… Continue Reading
What’s a Temporary Hearing in South Carolina?
Posted in Attorney-Client Relationship, Educational Resources, Practice Tips, Procedure, Trial of CasesIt’s typically the first big step in any divorce proceeding, but what exactly does a temporary hearing entail? In most contested divorces in South Carolina, a temporary hearing is held to allow the judge to get a brief overview of the issues at play in your case and put a temporary order in place to… Continue Reading
Common Law Marriage in South Carolina
Posted in Marriage, Procedure, RelationshipsThere are many rumors and misunderstandings regarding the concept of common law marriage. To be clear, South Carolina recognizes “common law marriage”, which is defined as “a marriage that takes legal effect, without license or ceremony, when two people capable of marrying live together as husband and wife, intend to be married, and hold themselves out as… Continue Reading
Visitation and Child Support in South Carolina
Posted in Child Support, Contempt of Court, Financial Issues, Procedure, VisitationIt’s a feeling experienced by many custodial parents in South Carolina: frustration at the failure of the non-custodial parent to pay child support in a timely manner. The payments might be sporadic or even nonexistent. Either way, it can cause real financial stress waiting on money from your former spouse. One typical response to such… Continue Reading
Why Waiting Until January to File for Divorce Is a Good Idea
Posted in Assets and Debts, Divorce, Financial Issues, Procedure, SeparationThe commonly held notion that more people get divorced after the holidays is true and, it turns out, there are plenty of good reasons for it. For one thing, the holidays are a trying time full of family, friends, get-togethers and expectations. Making the move to divorce during the midst of all that is not… Continue Reading
Bizarre Prenups Exposed
Posted in Assets and Debts, Divorce, Financial Issues, Prenuptial Agreements, Procedure, SeparationWhen it comes to drafting a prenuptial agreement, outlining each partner’s expectations can be a healthy move to protecting your future and ensuring that your particular concerns are addressed. Heading into a marriage fully informed about each party’s assets and what will happen in the event that the marriage ends in divorce allows both parties… Continue Reading
South Carolina Law Requires Submission of Parenting Plans
Posted in Child Custody, Practice Tips, Procedure, VisitationOver the summer, South Carolina implemented a new child custody law: H 4614, which was signed by Governor Haley on June 18, 2012. While the new law does quite a few things, one of the biggest changes involves the creation of a new requirement for the submission of parenting plans. The goal of the law… Continue Reading
Is My “Final Custody and Support Order” Really Final?
Posted in Child Custody, Child Support, Jurisdiction, Procedure, Trial of CasesThe short answer is “no.” Family courts have continuing and broad jurisdiction in most cases to enforce, modify or even revoke previous orders. Issues such as child custody and child support are almost always modifiable. Child custody changes require that any changes be “in the best interests of the children,” while most changes in child… Continue Reading
What’s a Guardian Ad Litem and Do You Need One?
Posted in Child Custody, Communication, Guardian ad Litem, Procedure, Trial of CasesA Guardian ad Litem is a person that has been appointed by the Family Court to represent “the best interests of the child” in court proceedings. In Family Court, guardians are appointed in contested custody and visitation cases, as well as in cases where child abuse or neglect has been alleged. Though guardians can be… Continue Reading
The Importance of Discovery in a South Carolina Divorce
Posted in Assets and Debts, Attorney-Client Relationship, Contempt of Court, Discovery, Divorce, Financial Issues, Procedure, Research & Investigation, SeparationMany couples facing a divorce wonder why the time and expense associated with discovery is necessary. They simply figure that they know what the other spouse’s assets are, because after all, they watched them buy the items in the first place. They mistakenly think they understand the value of all the retirement and bank accounts… Continue Reading