Greenville Family Law Attorney
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What Kinds of Cases Are Considered Family Law in South Carolina?
Many issues that affect Greenville families daily turn into family law cases where the help of a skilled attorney is needed to achieve a fair outcome for each party. While things like marriage and estate planning are parts of everyday life in the United States, some situations covered by the family law umbrella are more out of the ordinary, or even emergent.
Some kinds of cases in which an understanding, dedicated lawyer can provide guidance and a positive outcome for Greenville families include the following:
Establishment of Paternity
Determining the paternity of fathers can be vital when seeking child support. Your attorney can help you get the evidence you need to prove you’re due financial support for your children.
Department of Social Services (DSS) Cases
Dealing with a DSS case can be stressful, resulting in tensions running high on all sides. You need a lawyer who can objectively but successfully mediate and negotiate on your behalf.
What Qualifies as a Greenville Family Law Case?
Cases in family law are known as civil cases that involve family problems. This can affect the spouses, parents, and children of a family. Some of the most common family law cases that are found in courts include the following types of cases.
Even though it may be preferable to seek an uncontested divorce, many of the divorces that go through the state are contested because the spouses cannot agree on the details of the divorce. They could be contested because the couple is unable to come to an agreement on property, custody, or alimony. Divorce is usually a complex procedure, but you don’t have to take it all on alone. Seeking an experienced law office to assist you in this is often the ideal thing to do.
If you and your partner agree on many of the issues involved in a divorce, the divorce is considered uncontested. If you and your spouse can come up with a plan that covers the division of property, custody, and support of children, and any other issues without dispute. Even though it is an uncontested divorce, this doesn’t mean you won’t need a legal team behind you during the process. This experienced attorney can help you come up with a strategy on how to handle the entire process. They work with you to create the most favorable outcome.
When a marriage includes a child, both parents get full custody rights automatically. The father and mother work jointly to take care of the child and share responsibilities equally. Neither parent in this instance supersedes the other. But how do you split these duties following a divorce? Support and custody situations should be handled with sensitivity in mind. It’s important that both parents know what to expect in the process. An attorney can help everyone make a parenting plan that works for all parties.
Alimony or spousal support is a payment that is given from one spouse to the other to help support them following a divorce. This is a major part of a divorce. It’s there to help the spouse with less income have the financial support they need. Your lawyer can help you gather proof that you’re due this support.
When there are altercations or violence between family members, it may require legal intervention. An order of protection is a type of protective order against a family member or those you’ve had a relationship. Depending on the severity of the case, an order of protection may be issued by a judge to prohibit communication between individuals. If stalking, harassment, or other serious issues are experienced by the other individual that the order is against, you can press charges. In order to file for a restraining order, you may have to show prior police documentation of instances where this has happened.
What are the Grounds for Divorce?
This is actual physical violence that can endanger the health or life of a person. This can render cohabitation unsafe for everyone. The courts require more than one instance of violence unless the one act was severe to let the divorce fall under physical cruelty. That means you may have to gather evidence of multiple incidents of violence.
Having sexual intimacy with anyone other than your spouse is adultery. You have to show evidence that romantic intimacy between your spouse and another person happened. A private investigator is who usually collects this type of evidence for you.
Living in a separate residence from one another for more than a year can fall under the grounds for divorce. Sleeping in a separate room, but in the same house, doesn’t count as grounds for divorce. A third party should corroborate this separation.
When one of the spouses engages in regular or routine consumption of alcohol or other substances to the point of intoxication can be grounds for divorce. Excessive use of these drugs should be proven by a third party.
When a couple doesn’t live together for a year or longer, or a lack of intent to continue living with the individual can lead to a dissertation. This is a less common ground for divorce and is rarely used.
Starting the Greenville Divorce Process
Many issues that affect Greenville families daily turn into family law cases where the help of a skilled attorney is needed to achieve a fair outcome for each party. While things like marriage and estate planning are parts of everyday life in the United States, some situations covered by the family law umbrella are more out of the ordinary, or even emergent.
Before starting the divorce process in South Carolina, you will have to meet some criteria. This is important before filing any paperwork. Your attorney can help you determine if you meet these qualifications.
- If you and your spouse are residents of South Carolina when starting the divorce process, you both must have been residents for at least 3 months before the divorce
- If you are the only resident of South Carolina, you must have been a resident for at least a year before filing for divorce
- If you are not a resident of South Carolina, your spouse must have been a resident for at least one year before filing
The divorce proceeding starts when you or your spouse files a formal complaint and summons in family court. Once filed, it is then served to your spouse. This notifies them that you’ve filed for a divorce, and they have to answer the Complaint for Divorce.
This response gives them the opportunity to state their defense or complaints with regard to the claims in the Complaint they received. If a mutual agreement is reached, a Settlement Agreement can be signed. This outlines the debts, property, assets, and liabilities to be divided.
This divorce agreement can also settle child support, visitation, and custody. If an agreement cannot be come to, you will have to go through litigation. This can be time-consuming and complicated. Reaching out to an attorney should be done to help with the case.
At Sarah Henry Law, We’ll Make Your Case Our Business
When our clients place their trust in us to help resolve family issues governed by South Carolina laws, we place our entire focus on their unique needs and work diligently to meet them. We’re proud of the advice and guidance we provide to our clients because it’s based on not just years of knowledge and experience, but genuine understanding and investment in every case.
With the office of Sarah Henry Law, clients can expect the development of winning strategies and an unparalleled level of individualized attention and service. It will become our business to handle the details of the stressful situation you’re facing and secure a positive outcome that will suit your and your family’s long-term needs.
The Difference Between Mediation and Litigation
Family law cases vary widely in the issues and parties involved, as well as what legal actions are needed to reach a fair outcome. In a family dispute like a divorce where emotions run high, the objectivity of a mediator or a judge helps lawyers reach agreements between their clients or settle their matters in court.
When mediation begins, clients have already discussed their needs and ideal outcomes with their lawyers and had the opportunity to seek advice. During mediation, the parties are usually in separate rooms with their respective attorneys. The mediator moves between those two rooms and receives information, offers, and counter-offers from both parties and their attorneys.
If an agreement can be reached at mediation the agreement is usually drafted and signed by the parties and their attorney before leaving the mediation. The plaintiff’s attorney usually then requests a final hearing to ask the court to approve the agreement and make the agreement a final order.
Mediation can have many benefits, like saving families time and court costs, and sometimes reducing their lawyers’ fees. Mediation is required in South Carolina prior to requesting a trial or final hearing in most family law cases.
If attempts to mediate a case are unsuccessful or impractical, a judge can hear each litigant’s side in court and reach a decision. Family courts can issue orders when a case is heard, making the terms of the agreement or verdict clear and legally binding for both parties.
If your family’s legal dispute is not settled in mediation and instead requires litigation, the office of Sarah Henry Law has the ability and resources to navigate your case through the laws of South Carolina. Your lawyer will approach your case with an unrelenting commitment to extraordinary service and positive results.
Frequently Asked Questions about Family Law in South Carolina
A consultation with a Greenville attorney experienced in practice areas involving family law is your first big step toward a positive result in your case. In the meantime, here are some of the most common questions our clients have about family law issues, answered:
Family law cases can vary depending on the details of your case. An amicable dispute may settle through mediation more quickly than a complicated divorce with contested assets, adultery, or child abuse allegations.
The more complicated the issues, the more time it requires to ensure a satisfactory resolution. The unique nature of family law doesn’t lend itself to guaranteed time-frames. The amount of time the case takes also depends on the goals and personalities of the parties.
What Sarah Henry Law can guarantee is that we will take your case seriously and give it the attention it needs. Your case will receive focus and care from a considerate, experienced firm and the dedication of Greenville’s trusted family law attorney, Sarah Henry.
South Carolina courts have jurisdiction to split property, present and future financial assets, and debts equitably when a marriage dissolves, taking a broad variety of factors into account when determining the most reasonable division between the parties.
Reach Out to a Greenville Family Law Attorney Who’s Committed to Your Case
The law affects every Greenville family differently, from divorces to adoptions. When a familial dispute or domestic matter becomes a sensitive legal issue, you need a tenacious advocate on your side who will negotiate with your long-term needs in mind and navigate the courts while you focus on what’s truly important in the first place–your family.
The first step toward relieving the stresses and heightened emotions of family matters is to have your case reviewed by an experienced attorney. Sarah Henry is prepared to provide the committed representation of a trusted Greenville family law attorney. Give us a call today at 864-478-8324 or fill out the form below to get started today.
