Futeral Law Firm - Serving South Carolina's Lowcountry
 

 
FAMILY LAW IN SOUTH CAROLINA

One of the major problems in South Carolina's family court is that many persons try to over-simplify their situation. As lawyers in South Carolina know, there are many aspects to a divorce, child custody, or child support case, and the more the attorneys knows about your case, the better it is for you.

There are many ways you can make your lawyer's job easier and keep your legal fees and costs down. First, you should tell your lawyer as much as you can about your current situation, including any agreements previously made between you and your spouse prior to seeking the advice of an attorney. You should, however, avoid wasting your time and money telling your lawyer every detail about every disagreement or verbal exchange you have had with your spouse. Lawyers understand that their clients are going through an emotionally difficult time in their lives Oftentimes, however, you would do better to talk to your friends, family, or a counselor to address these issues (and the cost is usually much less than paying your lawyer to listen!).  

Another way to work better with your attorney is to read carefully everything that is sent to you. Some paperwork requires that you respond to the other party or the court within a certain time period, otherwise you may jeopardize your case. For example, if a complaint for divorce is filed by your spouse in court and the paperwork is served on you (physically delivered), you then have thirty (30) days to file and serve your answer on the other party. In all, there is no substitute for early, thorough preparation. Do all that is required of you within the time frames that your lawyer gives you and your case will run smoother.

Regarding your attorney fees and costs, too often parties allow their emotions to get the best of them and they spend more money on fighting than the case is worth. When all is said and done, and the divorce is long since been finalized, too many parties wonder why they spent thousands of dollars on their attorney to fight over some insignificant piece of property that would receive $20 at a garage sale. In other words, although it may be difficult in the heat of the moment, try to be pragmatic about your goals and needs and consider the cost to you when you chose to fight over certain issues. 

While your attorney is negotiating or litigating your case, or after you have a court order of divorce, be careful not to enter into written or verbal agreements with your spouse that change your formal agreement or divorce order. These agreements are oftentimes not binding and later not enforced by the courts when troubles arise. More often than not, you will increase the cost and time of your case by making unwise agreements with your spouse while your lawyer is attempting to negotiate or litigate your case. If you have reached such an agreement, contact your lawyer to present it to the court to make it formal and binding on the other party.

As a final note, the client should understand that domestic cases take time. There is no such thing as a "quickie" divorce in South Carolina. First, it will take some time for your lawyer to gather all the information he or she needs to proceed with your case. Part of this time depends on how quickly you provide the information your attorney requests. Then, your attorney made need to request information from your spouse or such information may be requested of you. If done formally through the court, the each party typically has thirty (30) days within which to the other's requests. Thereafter, unless your spouse has committed, among other things, adultery or spousal abuse, you may have to wait a year before your divorce action can be filed in the family court. Even after it is filed, it may be some time, depending on the court's schedule, before your divorce is final. Matters such as custody battles can take years.  So, although easy enough to suggest, try to have patience with your attorney and with the courts - anything else but will not speed up the process and only cause you more concern.

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If you need help with a divorce, child custody, child support, or other issues regarding family law, call the Futeral Law Firm locally at (843) 284-5500, toll free at (877) 913-5500, or email info@charlestonlaw.net.

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Disclaimer

The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the Futeral Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

 

   

   

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1004 Anna Knapp Blvd., Mt. Pleasant, SC 29464   Local 843-284-5500    Toll Free 877-913-5500   Fax 843-284-5501
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