Below are questions frequently asked by people in need of a domestic attorney. The section below is not intended as legal advice; consultation with an attorney on the client's unique set of facts is necessary because the law is constantly evolving and changing. Each case in family court is different, and advice from friends or family, though well-meaning, might not be applicable to your situation and sometimes might even be harmful to your case.
Please find the answers to your questions by clicking on the links below:
- What are the issues in a typical divorce case?
- How much will my divorce cost?
- Why don't you offer free consultations?
- What are the grounds for divorce in South Carolina?
- Do I have to live apart from my spouse for a year before I can start proceedings?
- Does the one year of separation start to toll if my spouse and I have separated but have not filed anything in court?
- How will custody and visitation be determined?
- I suspect my spouse is cheating. What can I do?
- I'm already divorced, but my ex-spouse in not abiding by the terms of our order. Is there anything I can do?
- I'm a grandparent. Can I get an order allowing me to see my grandchildren?
- I'm already divorced, but a change in circumstances has occurred with respect to my children and/or my finances. Can I get my divorce decree modified?
- Can I be ordered to pay college expenses for my child, or can I get my ex-spouse to help pay?
- I am an adult and would like to get my name changed. Is that possible?
Six areas need to be resolved in a typical divorce case:
- Grounds for the divorce;
- Child custody and visitation;
- Child support;
- Division of marital property and debts;
- Alimony (entitlement, amount, and duration); and
- Attorney fees.
Unfortunately, it's hard to say. The cost depends on a number of factors:
- The number of contested issues;
- The amount of discovery necessary, including depositions;
- Whether any unusual legal issues exist; or
- Various other factors.
Also, expenses other than attorney fees include, such as process servers, private investigators, mediators, and Guardians ad Litem. In order to prevail in complex cases, it may be necessary to hire a forensic CPA, vocational experts, psychological experts, or other professionals.
During a consultation at our firm, a potential client learns much about the law and receives individualized advice from attorneys who are experienced in family law. By charging for consultations, only potential clients who are serious about addressing their unique concerns are scheduled, allowing the firm to devote its time to those clients rather than those who are seeking general information.
What are the grounds for divorce in South Carolina?
There are five grounds for divorce in South Carolina, including four "fault grounds." The fault grounds are:
- Adultery
- Physical cruelty
- Habitual alcohol or drug abuse
- Desertion
Many people also obtain a divorce on the "no-fault" ground of living separate and apart for more than one year without cohabitation.
No. This is a common misconception. It is possible to file for an Order of Separate Maintenance and Support and resolve all of the other issues except that of divorce.
Yes. It begins from the last day of cohabitation.
The court must consider a number of factors, including who has been the primary caregiver and what is in the best interests of a child. No two situations are alike, and the law doesn't favor mothers or fathers. Where the parties will live after a divorce also can impact the frequency of visitation.
A number of different actions can be taken to make this determination. However, a non-lawyer might advise you to do some things that might not be legal. You should consult with an attorney in such a situation to get individualized advice.
Yes. You can ask the Court to hold your spouse in contempt by filing a Rule to Show Cause.
In South Carolina, grandparents' rights are derivative of their child's rights. This means that in typical circumstances, a grandparent may visit with a grandchild only when the grandparent's child has visitation.
A court considering grandparent visitation over a parent's objection must allow a presumption that a fit parent's decision is in the child's best interest. So long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parents children. Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003).
When one parent dies, the parents of the deceased may still be able to have visitation rights if the meet the criteria in S.C. Code Ann. § 63-3-530(33) and can show compelling circumstances.
In South Carolina also recognizes the doctrine of a psychological parent. There is a 4-part test which is used to evaluate whether or not a person (to include a grandparent) qualifies as a psychological parent:
- That the child's biological or legal parent or parents consented to and facilitated the formation and establishment of a parent-like relationship with the child;
- That the petitioner and the child lived together in the same household;
- That the petitioner undertook obligations of parenthood through responsibility for the child's care, education, and development without expectation of financial compensation;
- That the petitioner has been in a parental role for a length of time sufficient for a parental bond to be established with the child. Middleton v. Johnson, 369 S.C 585, 633 S.E.2d 162 (Ct.App. 2006).
According to S.C. Code Ann. § 63-15-60, a grandparent may also qualify as a de facto custodian in some circumstances. A de facto custodian means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:
- Has resided with the person for a period of six months or more if the child is under three years of age; or
- Has resided with the person for a period of one year or more if the child is three years of age or older.
In gathering information to assist in making a decision, a judge may use investigative agencies, psychologists and others. The Judge may also appoint a lawyer to represent the interest of a child or children.
The Family Court always has jurisdiction to modify orders regarding custody, visitation, and child support. If the changes have been substantial and material, modification may be possible. Examples of substantial changes include moving out of commuting distance, physical or drug abuse of the other parent, loss of a job or an increase in income; and many other factors. Remarriage alone is not necessary a substantial change but may also be a factor.
This used to be a possibility, but in 2010 the South Carolina Supreme Court issued an opinion which had made this virtually impossible in most situations. However, if college expenses are addressed in an existing Decree or Agreement, that provision is still enforceable. Also, parents can still voluntarily reach agreements on this issue, and if approved by the court, that agreement becomes enforceable.
Certainly. South Carolina's name change laws were extensively revised in July 2002, and there are more steps required to obtain a name change than there were prior to that time. However, there often are no difficulties in you being allowed to change your name as long as the appropriate procedure is followed.
We invite potential clients to meet with our lawyers and discuss their individual situations and particular needs. Call our office during normal business hours at (803) 779-3099 or toll free at 888-732-5004. You may also contact us online.
