Spartanburg Divorce Lawyer & Attorney : Stevens-MacPhail Law Firm : South Carolina Family Law Serving Columbia, Charleston, Greenville, Hilton Head Island

One of the most common complaints clients make about their attorneys is that they are difficult to reach.  I hear this over and over from potential clients seeking to change lawyers.  These complaints range from the failure to return telephone calls promptly enough to the attorney being completely impossible to reach for days or weeks on end.

Since Family Court cases deal with extremely important issues, such as child custody, financial issues, divorce, etc., clients are understandably anxious to talk with their lawyer when issues arise.  If I was in the client's shoes, the questions that I would want to have answered as part of my process of evaluating an attorney and his firm are:

• How long does it typically take to get in touch with the attorney?
• What methods of communication does the lawyer use and/or prefer?
• What are the law firm's office hours?
  
• What happens if an emergency arises after hours?

At Stevens â—† MacPhail, P.A., we strive to return all telephone calls on the day that they are received or the following morning if they are received late in the day.  To avoid playing "phone tag" with our clients, our legal assistants schedule telephone conferences for the client to speak with the attorney at a specific time.  This process is a win-win situation for both the client and the attorney.  It allows the attorney to prepare for the call and have the file and other necessary information in front of him at the specified time.  Perhaps more importantly, it allows the client to have the attorney's undivided attention, instead of catching him in the middle of whatever else he was working on at that time.

Our firm also uses a great deal of technology, which helps us provide better client service.  Our clients are provided with the email addresses for their attorney (and his assistant), so that the client can provide necessary informaiton and ask questions when they arise.  Many clients find that email works better than phone calls in certain situations, as it gives them the time to organize their thoughts before submitting it to the attorney.  Our attorneys have laptop computers and often respond to clients' email at night or on the weekends.  Our firm also stores all documents electronically, which means that they can be emailed to clients at any time.

Normal office hours at our firm are 8:00 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Friday.  In special situations, we can make arrangements to meet with clients before or after our normal office hours.  If a true emergency arises, our attorneys are listed in the telephone book and can be reached at home.  However, since we have families too and enjoy spending time with them, we reserve the right to charge an additional fee for calls made to our homes.

These issues are important, and you should think about them when choosing an attorney.  In today's world, I don't think that it makes sense to hire an attorney who is not technologically savvy.  Having your lawyer efficiently use such tools as email, electronic document storage, cell phones, etc. can greatly improve your attorney-client relationship and result in you receiving better service and maybe a better outcome in your case.  The bottom line is that you should never hire a lawyer who won’t respond promptly to your needs.

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Question:  I have been told that since I am unmarried and live with my fiance', the Court will give custody of my child to her father who never sees her.  How can that be?

Answer:  First, you should be careful as to believing what "others" may tell you, as only your attorney can give you accurate advice specific to your particular case.  The things that your friends, co-workers, and/or family members may tell you (no matter how well intentioned they may be) may not necessarily be true or applicable to your case.

Now, if you are living with a boyfriend/finance' to whom you are not married, the Court will consider that to be an "immoral environment."  As such, it will be a factor, but it is only one of many factors that the Court will consider in a custody case.  In some cases it can be the determining factor, whereas in others it might not make as much of an impact on the outcome. 

The bottom line is that you should tell your attorney all of the facts of your case (both good and bad) so that he can then give you the appropriate advice.  Without knowing all of the facts of a particular case, it is virtually impossible to say how much of a factor any one item will or will not be (except for things such as child abuse or neglect).

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The South Carolina Supreme Court issued an important decision today regarding cases heard under the Protection from Domestic Abuse Act.  This statute set forth in S.C. Code § 20-4-10 et seq enables victims of domestic violence to seek an "Order for Protection" to prevent such future abuse.

In Moore v. Moore, after the husband's was arrested for criminal domestic violence (CDV), the wife filed an action pursuant to the above-referenced Act, and she requested an emergency hearing.  At that hearing, the wife was offered a continuance to obtain counsel, but the husband’s request for a continuance was denied.  At that hearing, the Family Court found that the husband had abused the wife and their son, and it issued an Order of Protection.

The Court found that the husband was provided procedural due process prior to the issuance of the Order of Protection, and it affirmed the decision of the Family Court. The Court then found that an Order of Protection issued pursuant to an emergency hearing (a) is temporary, (b) does not represent a final adjudication of the merits of the action, and (c) should not be used against a party in future litigation.

You can read the full text of Moore v. Moore by clicking HERE.

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Last week, the Spartanburg County Clerk of Court released a welcome orientation letter that answers some common questions about child support enforcement.  For instance, this letter specifies which caseworkers have been assigned to particular files, and it indicates that a hearing may be scheduled if the payor becomes three consecutive payments behind.  A copy of that letter can be accessed and downloaded by clicking HERE.

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One of the five grounds for divorce in South Carolina is desertion.  The elements that must be proved to get a divorce on the ground of desertion are:

1. No cohabitation for one year;
2. Intent of person that left not to resume cohabitation;
3. Absence of consent by the other person; and
4. Absence of justification for the separation.

However, this ground is rarely used these days, since the mandatory separation period for a "no fault" divorce was reduced from three years to one year many years ago.

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Question:  How long do I have to wait after my divorce before I can legally remarry?

Answer:  There is no mandatory waiting period in South Carolina that one must wait after a divorce, so as soon as you are legally divorced, you are able to remarry.  However, it is very important to note that you are not actually divorced until the Judge signs the Divorce Decree, which does not necessarily take place at the final hearing.

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When parents divorce, they usually do not want for their child to be around their former spouse's new boyfriend / girlfriend.  In fact, one of the most common questions that family law attorneys are asked is whether this is permissible, with the assumption being that they are not.  However, the answer might surprise you, as it is not what most people expect.

Typically, the Court will allow divorced parents to date and to have their boyfriends / girlfriends around the child, provided (a) the new love interest is not inappropriate for some reason and (b) the new person is not there overnight when the child is present.  Reasons that the new person could be inappropriate include having a criminal record, accusations of child abuse / neglect, past D.S.S. involvement, and the like.
 
If the Court didn't allow boyfriends / girlfriends to be around the child, it would actually be more of a shock if the parent remarried and then the child was then suddenly forced to adjust to a step-parent that he/she had never seen before.  Obviously, putting the child in such a situation would not be in the child's best interest, which is always Court's primary concern.

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Question:  When can a parent ask the Court to modify an existing amount of child support?  Does it make a difference if the person is seeking an increase or decrease?  Does it matter if the parent that is paying has made all of the required payments and has made all of the payments on time?

Answer:  In order to modify any issues pertaining to the child (including child support, custody, visitation, etc.), the person requesting the change must first prove that there has been a significant or substantial change of circumstances since the parties were last before the Court.  If such a change can be proved, the Court will then use the Child Support Guidelines to determine the current, correct amount for child support.  South Carolina's Guidelines take the following factors into account: gross monthly income (or earning capacity) of each parent; work-related child care expenses; health insurance premiums for the child; other children in the home; and other child support paid or received pursuant to a Court Order.  It does not matter whether an increase or decrease is being sought, as the same factors and numbers are used either way.  Also, the fact that all payments have been made in a timely manner will not prevent a future modification.

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Question:  I have been divorced for several years.  My Divorce Decree states that neither party can have the persons of the opposite sex spend the night when the children are present.  My ex-husband now wants to move in with his girlfriend.  If he moves in with her, do I still have to send my children for visitation or can I withhold visitation until they get married?

Answer:  The old adage "two wrongs don't make a right" comes to mind.  If his girlfriend is there overnight when the children are there, he clearly is violating the Order and subject to being held in contempt of court.  However, if you refuse to send the kids and deny his visitation, you would be violating the Order as well and could possibly subject yourself to being held in contempt.  Your best course of action is to remind him about the prohibition on having overnight guests of the opposite sex and to immediately file a contempt action if he violates the Order.

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