Family Lawyer in South Carolina

Filing a Family Law Case in South Carolina

To initiate a family law case in South Carolina, such as for divorce, child custody, or alimony, the process typically involves the following steps:

Preparing the Summons and Complaint

• The party seeking relief must serve a Summons and Complaint on the other party at the family court in the county where the action is to be carried out.

• The Summons is the notification to the other spouse that he or she has 30 days to respond to the allegations of the Complaint.

• A Complaint presents the facts and the legal arguments for the requested remedy, such as grounds for divorce or custody..

Filing with the Court

• The Summons and Complaint are drafted and submitted to the Clerk of Court in the county once the client has reviewed and approved the documents.

• There is a filing fee of $150 which has to be deposited to begin this case.

• This form will be stamped by the clerk and assigned a docket number which must be included in all future pleadings and motions.

Service of Process

• Upon filing, the Summons and Complaint must be served on the other spouse in a proper and sufficient manner to notify the other party of the case.

• Service can be done personally, by mail, by certified mail, or any other manner allowed by the rules of the court.

Responding to the Complaint

• The spouse who has been served has 30 days to respond to the filing, by submitting a document like an Answer to the court.

• However, even in the absence of a response, the filing party may be compelled to provide notice of such hearings, as the entry of default judgments is not as routine in family court as in other courts..

Scheduling and Hearings

• The court will have several interim and final orders hearings and conferences in relation to matters like custody, support, and distribution of property.

• Family court procedures are not as rigid as those of civil courts as far as the rules of evidence and procedure are concerned.

For specific questions or legal advice about filing a family law case, we encourage you to consult with an experienced South Carolina family law attorney at Max Hyde. Trust our lawyers to represent you in family law matters and provide the support you need during this important process.

How to Assess the Worth of Your Family Law Case

Despite the fact that there are many factors that can determine the value of a family law case in South Carolina, you should be familiar with the laws and rules governing divorce, child custody, and division of property in this state.

Factors Influencing Child Custody

• Temperament and Developmental Needs: The child’s attitude and developmental needs also play a significant role when it comes to deciding on the custody issue.

• Capacity and Disposition of Parents: The ability and willingness of the parents to attend to the needs of the child also dictates the need for care.

• Preferences of Each Child: If considered fit, each child is allowed to express his or her preference on the matter of custody.

• Past and Current Interaction: The program of the child by the parent or any other person who has interacted or currently interacts with the child, siblings of the child, and the past and current relationship of the child with each parent are taken into consideration.

• Actions of Each Parent: The steps taken by each parent in the process of maintaining the continuing relationship between the child and the other parent are taken into consideration.

• Domestic Violence: If there is a complaint of domestic violence and the claim is substantiated, it will greatly influence custody.

• De Facto Custodian: The court can decide in favor of the de facto custodian, which means the person who has been taking care of the child in case of the parents’ absence or death, if some evidence is given.

Factors Influencing Property Division

• Equitable Distribution: South Carolina uses equitable distribution principles that seek to divide the marital property and debts between the spouses in a way that is fair but not necessarily equal.

• Length of Marriage: It is important to note that the length of marriage is an important factor when it comes to alimony and division of property. Marriages that have lasted for over 10 years have more complicated aspects concerning the division of assets and the children hence taking longer time to complete in case the divorce is litigious. The duration of marriage has been used as a primary consideration when determining whether or not the court should grant permanent alimony, and as a result, where the marriage has been less than 10 years, the court is unlikely to order permanent alimony.

• Contributions to the Marital Estate: The sources of income included in the marital estate as well as non-income sources are taken into consideration.

• Value of Non-Marital Property: Division of assets also takes into account the value of property owned by a party other than the marital property.

Factors Influencing Alimony

• Marriage Duration: The duration of the marriage is an important factor that is used to determine whether or not alimony will be paid.

• Income and Employability: The income earning ability and the opportunities of both the spouses are taken into account.

• Age and Health: It is also necessary to look into the age and health condition of both parties in a marriage.

Mandatory Mediation in South Carolina

Compulsory mediation involves an order that each of the litigants in a family law case must attend at least one mediation session before the case is set for a hearing or trial.

The intent here is to ensure that the parties to the dispute engage in negotiation and bargaining with a view to coming into a compromise rather than leaving everything in the hands of the court.

Let the professional and knowledgeable South Carolina family lawyers at Max Hyde to help you avoid the wrongful steps and to get through the mandatory mediation successfully to obtain the best results for the case.

Time Limit and consequences for Filing a Divorce Case in South Carolina

The time limit for filing a family law case in South Carolina depends on the type of case and the grounds for divorce. Here are the key points:

No-Fault Divorce

Separation Period: In a no-fault divorce, the parties must have been living in separate ways for a period of at least one year before institution of the divorce suit.

Filing Process: After the waiting period, the couple can initiate the process by filing a complaint and a summons with the family court. The non-filing spouse is then served with a copy and has 30 days in which to respond to the petition.

Fault-Based Divorce

Grounds for Divorce: South Carolina recognizes fault-based grounds for divorce, including adultery, habitual drunkenness or drug use, physical cruelty, and desertion.

Waiting Period: For a fault-based divorce, there is a minimum 90-day waiting period before a final hearing can be requested.

Contested Divorce

Dispute Resolution: If the couple cannot agree on the terms of separation, a contested divorce may arise. This can involve mediation or litigation to resolve issues such as child custody, support, and property division.

Discovery Process: In contested cases, the family court allows for a discovery process, which can take several months to complete. This includes the exchange of information and evidence through interrogatories, requests for documents, and depositions.

Uncontested Divorce

Agreement: If the couple agrees on all issues, they can file for an uncontested divorce. This typically takes less time, usually within two to three months.

Our team can provide the expertise and support you need related to divorce matters. Max Hyde will help you understand the time limits and legal consequences involved to protect your interests and rights.

How Our Seasoned South Carolina Family Lawyers Can Assist You

At Max Hyde, we understand the profound impact family law issues can have on families and their loved ones. Our top-rated South Carolina family lawyers are fully committed to providing you with the necessary legal assistance, empathy, and representation during these challenging times for the residents of South Carolina.

Here’s how our team can support you:

Legal Expertise and Strategic Guidance: Our family law attorneys at Max Hyde have extensive legal knowledge and skills in handling various family law matters. We provide you with information on the actions you can take and guide you through the legal procedures involved in your case.

Thorough Case Evaluation and Strategy Development: We assess the specifics of your situation and develop tailored legal strategies to address your unique needs. Our team offers solutions aimed at achieving the best possible outcomes with minimal hassle.

Detailed Investigation and Evidence Gathering: We investigate the circumstances of your case, collect evidence and testimony, and review relevant documents to build a strong case. As your legal representatives, we are dedicated to ensuring your rights and interests are protected.

Effective Litigation and Trial Representation: While many family law cases can be resolved through negotiation, Max Hyde is prepared to take your case to trial if needed. With extensive courtroom experience and litigation skills, we vigorously advocate for you to achieve the best possible outcome.

Compassionate Support and Advocacy: Throughout the legal process, our family lawyers provide compassionate support, clear communication, and dedicated advocacy. We understand the emotional and financial challenges you face and are committed to guiding you with reassurance and unwavering support every step of the way.

No one should navigate family law issues alone. If you need assistance with divorce, child custody, or any other family law matter, get a free consultation by calling (864)-804-6330 at Max Hyde.

Areas We Serve in South Carolina 

• Spartanburg

• Greenville

• Columbia

• Charleston

• Myrtle Beach

• Rock Hill

• Anderson

• Florence

• Sumter

• Hilton Head Island