What Do You Do When You are Served Divorce Papers in South Carolina
So you have been served with divorce papers by your spouse? First, let's define what "being served" really means. When you are served, your spouse has had someone deliver the papers to you. South Carolina laws prevent your spouse or his/her attorney from being the people that actually serve you and Rule 4 of the Rules of Civil Procedure govern and determine what proper service is and how service can be made on a defendant.So, now that you have been delivered your divorce papers, you don't know what to do. Well, the first thing you should do is make a note of when you were served the papers. The date and time will be very important in your divorce case because of strict time lines that apply to both you and your spouse.The next thing you should do is read the paperwork that is served on you. Many times in a divorce case the plaintiff's attorney will request a hearing at the very beginning of the case called a temporary hearing where they will request some specific relief such as child custody, child support an alimony. The rules only require you to get five days notice of this hearing so you may need to act quickly to schedule a consultation with a divorce lawyer in order to have them represent you at the temporary hearing.The next time line that applies is 30 days. You have thirty days from the date you are served to file an answer to your spouse's complaint. If you are later than 30 days you may be in default and can forfeit some of your rights provided by the law. Therefore, it is extremely important that you formally respond to the allegations in your spouse's complaint by filing an "Answer" with the family court and serving that on your spouse and his/her attorney.I do not recommend that you go it alone in your divorce case. As soon as your are served with divorce papers, I recommend that you immediately consult with an attorney to learn your rights and to get a game plan. You may not like the attorney you meet with initially and may want to consult with several attorneys. If you wait too long and do not leave yourself and your future attorney any time to respond you will lose the opportunity to shop and find the right attorney for you.
Myriad of Emotions in Dealing with Divorce
When faced with a divorce everyone involved will go through a myriad of emotions and everyone will deal with the changes differently. A great South Carolina divorce attorney, Ben Stevens had a great post at the South Carolina Family Law Blog recently how sports broadcaster Jim Nantz and his wife dealt with the emotions in their divorce in his post Divorce can be Difficult, Even for Professional Broadcasters. I think you will find this helpful no matter what stage of divorce you are in right now.
Who's the Star of Your Case?
Heeeeeeeeerrrrreeeee's Johnny! Actually, when it comes to your divorce case, you can insert your name. You will be the star of your case. You are going to be front and center throughout the case. A lot of decisions will be required of you throughout your divorce case. If your case goes to a trial, you will be required to testify and may spend a good deal of time on the witness stand.Not only will you be "on stage" during your trial, but your actions will be under close scrutiny throughout the entire time of your marital litigation. Every move you make could be used against you in your trial. My best advice would be that you should be on guard. Understand that you will be scrutinized. Use common sense.Don't do things that you will be used against you in the trial. Don't start dating too soon. Don't talk bad about your spouse in front of your children. Don't trash your spouse to the guardian ad litem. Don't discuss the case with your children.Just keep in mind that you are the star and you are on stage during the course of your divorce case. If you have questions about your divorce case, I would be glad to meet with you to discuss your divorce case.
What Happens after my Temporary Hearing?
So you've made it through the temporary hearing in your divorce case. Maybe that turned out great for you. Perhaps the temporary hearing was a disaster. You may be extremely happy, or you could be pretty scared and depressed. As an attorney, I've been on both sides. So what happens after your temporary hearing? Well, the case will move on. Typically, discovery is the next step. Discovery can consist of sending requests for information from your spouse and subpoenaing information from other entities.After we have a grasp of what the case is about and some more specific information that we have gained through discovery we can move on to mediation. In Greenville County, mediation is mandatory in a contested divorce case. If we are able to settle your case at mediation we will be able to request a final hearing immediately. If not, we can continue to negotiate as we move forward towards a trial.The length of this phase of your case can vary based on the complexity of your case and the type of final hearing we need. If we only need a 15 minute hearing, we could get into court quickly. If, however, we need the court to set a trial that will last a day or longer we could be waiting several months for our court date. This, of course, extends the amount of time necessary for you to continue as ordered under the temporary order.
I'm Separated from my Spouse. Can I Date?
One thing people want to know often is how soon can they start dating again after they have separated from their spouse. Their main concern tends to be what constitutes adultery and when is it safe for them to get back out and start dating.When you are separated from your spouse you are still legally married. So, technically, any new relationship could potentially be viewed as an adulterous relationship and your spouse could pursue a divorce against you on the grounds of adultery. So, to be absolutely safe and to be sure that you do not have to worry about an adultery defense, you should avoid any relationships until you are legally separated or divorced from your spouse.As long as you are still married, I cannot recommend that you begin dating. While you may not think you have a lot to lose or that your spouse may not have a lot to gain by filing for divorce on adultery grounds against you, it could turn into a huge hassle for you.
How Long Do I Have to Live in South Carolina to Obtain a Divorce
In order to get a divorce in South Carolina, the South Carolina family court must have jurisdiction over the parties to be able to hear the case. In order for the court to have personal jurisdiction at least one of the following conditions must be met:
- If both of the parties are residents of South Carolina, then the plaintiff must have resided in South Carolina for more than three months.
- If the defendant is a resident of South Carolina, but the plaintiff is not, the defendant must have been a resident of South Carolina for more than one year prior to filing the complaint.
- If plaintiff is a resident of South Carolina, but defendant is not, plaintiff must have resided in South Carolina for more than one year prior to filing the complaint for divorce.
Just to clarify, the plaintiff is what the court refers to as the person who has filed the divorce action. The defendant is what the court will refer to as the person who is being sued for divorce. So, bottom line, if you have been a resident of South Carolina for at least one year you will be able to file for divorce in South Carolina.
One Year Divorce: When Does the Time Start?
Question: I want to get a divorce from my spouse, but I do not have a ground for divorce. Do I have to file for legal separation to start the clock running on the one year separation?Answer: I'm sorry you and your spouse are facing divorce. In order to get a divorce on the no fault ground for divorce in South Carolina, more than one year's separation, you and your spouse must live in separate residences. In order to start the clock running on your one year separation you or your spouse do not have to file for a legal separation. You only have to live in separate residences. Now, some people want to just move down the hall and stay in another bedroom. But, this won't work in South Carolina. You must actually live in separate residences.
Can You Guarantee Me a Fast Divorce?
I'm asked a lot by prospective clients if I can guarantee them a fast divorce. The truth is that there are way too many factors that go into determining how long your case is going to be to that I just can't guarantee that it will be done within a certain amount of time. However, based on my exerience handling similar cases in the past, I should be able to give you a good approximation of how long it will take your case to be resolved.Some of the factors that determine how long it will take to resolve your divorce case in South Carolina are:
- The contested issues in your case. How many there are and what type of issues are they? Are we fighting only about child support or are custody, visitation, and alimony also at issue? Perhaps you and your spouse have already reached a complete agreement about how things will be resolved between you.
- What county are you filing in? Some counties are pretty fast about moving cases through, others are not. This is a factor of the backlog of cases and the number of family court judges in each particular county. Some cases can be done is about 60 days in one county and over 6 months in another so venue is extremely important.
- Who the parties are? Are you and your spouse both stubborn. Do you definitely feel like you won't agree unless it is totally, 100% on your terms? Your and your spouse's willingness to cooperate and compromise are factors in the length of time it takes to get divorced in South Carolina.
If you would like to discuss your particular case, I would love to meet with you at no obligation or cost to you to discuss your South Carolina divorce matter. Our meeting is confidential and free. You may contact me through the "Connect with Us" page or by calling my office directly.