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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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