Electronic communications can get a lot of people in trouble. Mindlessly sending messages via text, email, or social networking sites without thinking has come back to haunt many people – increasingly, many people going through the process of divorce. The very strengths of these modes of communication (speed, convenience, and accessibility) are also what makes… Continue Reading
Category Archives: Trial of Cases
Subscribe to Trial of Cases RSS FeedDo You Want an “Aggressive” Lawyer or an “Effective” One?
Posted in Attorney-Client Relationship, Dispute Resolution, Trial of CasesWhen it comes to lawyers, particularly ones who practice in Family Court, “aggressive” does not always equal “effective”. Everyone loses when an attorney acts aggressively merely for aggression’s sake. This concept is well illustrated in the following except of an article written by my friend, Stephan Futeral, who is an attorney in Charleston, SC and Chief Architect… 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 Is Alimony Terminated in South Carolina?
Posted in Alimony, Trial of CasesIn South Carolina, there are several varieties of alimony, also known as spousal support. There’s lump sum alimony, which is a definite amount and is either paid all at once or in a series of fixed payments. Permanent periodic alimony, the most common type, is paid on a regular schedule, usually monthly, and can continue… 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
What Are “The Best Interests of the Child” Anyway?
Posted in Child Custody, Children, Trial of CasesOne of the most frequently used phrases in family law is “the best interests of the child.” Because of that, one of the most common questions I hear from clients is “what exactly does that mean?” Black’s Law Dictionary defines Best Interests of the Child as: “A standard by which a court determines what arrangements… Continue Reading
How a Vocational Expert Might Help Your South Carolina Divorce
Posted in Alimony, Discovery, Divorce, Financial Issues, Practice Tips, Research & Investigation, Separation, Trial of CasesIf you’re starting the process of divorce in South Carolina, you likely are beginning to realize just how much of the process revolves around money. How much is there, how much will there be in the future, whose is it, who needs it and finally, who gets what? One of the questions that many couples… 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
Can Your Husband or Wife Stop You From Divorcing?
Posted in Divorce, Jurisdiction, Separation, Trial of CasesThankfully, many divorcing couples are on the same page about their desire to get a divorce. The fights or problems communicating have been obvious to both parties for a while, and the decision to divorce was a long time coming. While it is unfortunate that the marriage is ending, the parties can take some comfort… Continue Reading
What is “Temporary Relief” Anyway?
Posted in Procedure, Trial of CasesRule 21 of the South Carolina Rules of Family Court states: Temporary Relief (a) Motion for Temporary Relief. A written motion for temporary relief, and notice of the hearing thereof, shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by order of the… Continue Reading
How Forensic Accountants Can Help in Divorce Proceedings
Posted in Divorce, Financial Issues, Research & Investigation, Separation, Tax Issues, Trial of CasesDivorce is never easy. Having a skilled team of attorneys and support professionals involved, however, may make the process move more efficiently toward a resolution. For the parties in the divorce, as well as for the attorneys who represent them, a professional collaboration with a forensic accountant can be an excellent investment. There are numerous… Continue Reading
Is There Really Gender Bias in Child Custody Cases?
Posted in Child Custody, Child Support, Divorce, Separation, Trial of CasesWe hear a lot about how the courts are biased in favor of mothers when deciding child custody. A series of studies show that there might be more to the story, as other factors come into play with why fathers are less involved in their children’s lives post-divorce. The following statistics come from a Pew… Continue Reading
Should VA Disability Benefits Be Subject to Alimony Claims?
Posted in Alimony, Divorce, Financial Issues, Jurisdiction, Marriage, Procedure, Separation, Trial of CasesA disabled vet has filed a petition before the U.S. Supreme Court asking the justices to consider whether states are permitted to allow divorce courts to count a veteran’s disability benefits when determining spousal support. The Air Force veteran, Peter James Barclay, also asked the Court to determine whether federal law prevents states from considering… Continue Reading
Facebook Named in One-Third of All Divorce Filings
Posted in Communication, Discovery, Divorce, Educational Resources, Marriage, Practice Tips, Relationships, Research & Investigation, Separation, Technology, Trial of CasesFacebook has made news this week thanks to its somewhat lackluster IPO. It’s now in the news for a different and surprising reason, a survey revealed that in 2011 one-third of all divorce filing contained the word “Facebook.” The Wall Street Journal mentioned the shocking statistic and highlighted the news that 80% of U.S. divorce… Continue Reading
How Much Will A Divorce Cost?
Posted in Dispute Resolution, Divorce, Financial Issues, Marriage, Procedure, Separation, Trial of CasesIf divorce is something on your mind one of the first questions you may have concerns the expense of the process. Divorce is not just a life decision that changes your marital status; it can have important consequences for your financial situation as well. For many people, the cost involved in getting a divorce can… Continue Reading
Dress and Conduct in Family Court
Posted in Trial of CasesSome clients ask. Some don’t. Everyone needs to know. How should I dress for Court and how should I act while in Family Court? This may seem like very basic information, but it is very necessary and I have seen what can happen when people don’t know it. As far as "what to wear", the Court’s… Continue Reading
Who Is (Isn’t) Present During Hearings in Family Court?
Posted in Guardian ad Litem, Procedure, Safety, Trial of CasesIf you are facing a hearing in Family Court, you may wonder who will be in the courtroom during your hearing. Many clients ask this question, while others certainly wonder about it. Hopefully this article will help provide some answers to this question and ease your mind. Certain people are always present in the Courtroom during… Continue Reading
Guest Post :: What This Guardian ad Litem Wants Attorneys to Know
Posted in Child Custody, Children, Guardian ad Litem, Trial of CasesEarlier this week, I published a guest post from my good friend, Joanne Hughes Burkett, that explained what she believes Guardians ad Liten want parents and parties in child custody cases to know. You can read that post by clicking here. In the conclusion, she directs her attention toward attorneys to help educate us and… Continue Reading
Guest Post :: What This Guardian ad Litem Wants Parents and Parties to Know
Posted in Child Custody, Children, Guardian ad Litem, Trial of CasesIn cases that involve custody or significant visitation disputes, the Court appoints a Guardian ad Litem to protect the interests of the children. The Guardian’s role is to investigate the allegations and issues in each case and to try to help the Court act in the children’s best interest. It takes a certain type of… Continue Reading
How to Protect Your Social Media Sites During Family Court Litigation
Posted in Research & Investigation, Technology, Trial of CasesIf you use social media and are involved in an active Family Court case (or think that you might be in the future), consider the following tips and suggestions to protect yourself (and your case): Remember that information posted on your social media sites (Facebook, MySpace, Twitter, etc.) is very likely to be used as evidence in… Continue Reading
Introducing Social Media Into Evidence in Family Court
Posted in Procedure, Technology, Trial of CasesAs I have discussed previously (here, here, here, here, here, & here), social media sites such as Facebook, MySpace, etc. can provide helpful information in Family Court cases. Of course, finding the information is only half of the battle, because it still must be introduced into evidence at trial. The Court in Lorraine v. Markel Am. Insurance Co., 241 F.R.D. 534… Continue Reading
Tips to Help Prepare for Court
Posted in Trial of CasesWhen it comes to the Courtroom, you will find this to be a pretty place. Once the divorce proceedings begin, the outcome of your divorce is in the hands of a total stranger – the Judge. You no longer have control. All decisions will now be made by a stranger. Of course this stranger may… Continue Reading
How to Dress for Court
Posted in Attorney-Client Relationship, Trial of CasesClients often wonder what they should wear to Court for their hearing. The answer can vary depending on whether your case is contested or non-contested. If your case is not contested, such as a no-fault divorce or approval of an agreement, then the following attire is recommended: For Men: A nice pair of slacks and… Continue Reading