How Long Does it take to get a Divorce in South Carolina
This is one of the most popular questions that I am asked as a divorce attorney. People really want to know a time-line. When are things going to happen. How long am I going to be married to this (fill-in-the-blank)? Sometimes, they even have another wedding planned an on the calendar and they are just trying to squeeze in a divorce before the next "big day."Giving an answer to this question is pretty difficult. There are lots of things that play into determining how long it will take to finalize your divorce. Some of these factors are: what are the issues in your case, are you filing based on fault or on the no-fault ground for divorce, do you and your spouse have any children together, has your spouse hired an attorney, who is that attorney, and on and on.Another large factor that plays into this equation is the Court docket. Many court dockets are set out several months in advance, so if you were to request a hearing today, it could be four or five months before the hearing is set.If there are issues in your case such has who gets the marital home, how to divide up the retirement accounts, who will have custody and visitation of the children, etc. Many times, people believe they have all of the issues in their case worked out and settled before they meet with a divorce lawyer, but many times they had an agreement in theory, but when you begin to look at how practical their agreement is, it becomes nearly impossible to execute it. If you are filing for a divorce on a fault-based ground (adultery, physical cruelty, habitual drunkenness, desertion) then you will have a mandatory waiting period of 90 days following the filing of the divorce complaint before you can have a final hearing. There is no waiting period for a final hearing based on the no-fault ground other than the proper time for the defendant to file an answer which is 30 days from the date of service of the Summons and Complaint.So, in broad generalities, It could take from about 60 days to over one year based on the specifics of your case to finalize your divorce matter.
Your Divorce: Begin with the End in Mind
"It's not the will to win that matters—everyone has that. It's the will to prepare to win that matters."
— Paul "Bear" Bryant
One of the most important things for your divorce lawyer to know in the very beginning of your case is your expectations and your desired outcomes of your divorce case. Would you rather have sole custody or share custody with your spouse? Would you prefer permanent periodic alimony paid monthly or a lump sum paid all at one time? If your divorce lawyer doesn't know what you expect, he will be left to make assumptions for you based on his experience and the types of expectations other similar clients have had.It is extremely important that this information be shared with your attorney up front. This may not be something that you discuss at the initial consultation just because of a time issue, but once you have retained your attorney, you need to make sure that your desired outcomes are clear. Now, this is also a time where your attorney will tell you about your chances of reaching these desired outcomes. Depending on the facts of your case, some options may not be available and it is important that you know that up front.The lawyer will take the information that you provide him and prepare a "theory of the case." This theory can be thought of as your story. There will be a clear theme and everything should revolve around that theme. If you don't take the time initially to plan for what you are shooting for then you won't have any clear direction in your case.When meeting with my clients and prospective clients, I ask them to create an "autobiography" that I use to learn more about their background and the marital history as well as to help me prepare affidavits for the temporary hearing. Part of this process asks the client to identify their goals and desires for this litigation. If your attorney asks you to prepare this information for him, please do not take it lightly. Not only will it help the two of you to get on the same page strategy-wise, but it will help your attorney understand what is important to you and to plan your case out.
Difficult Times During Holidays During/After Divorce
Thanksgiving has just passed, and Christmas is right around the corner. No matter what the circumstances are that surround your divorce, these times of year seem to be difficult. I've never found myself personally in that situation, so I don't always have the most applicable advice on what to do, but I found an article that I believe can be a help to you if you find yourself in this situation this year. While it is specifically written for a female audience, I believe it can be applicable to men as well.The article, "Christmas Joy After Divorce" is by Diane Overgard, Family Life Specialist & Coach, and you can find her at www.FindJoy.biz.
No Soap Operas = Cruelty Divorce
The BBC has reported that an Indian woman was recently granted a divorce on cruelty grounds because her husband refused to let her watch her favorite soap operas. You can see that story here. The husband's lawyers are arguing that this order is based on extremely flimsy grounds and, of course, they are appealing.So, would something like this fly in South Carolina? I meet with people every week that have been mistreated in their marriage. While many of them have not been physically beaten or injured, they have been mentally tortured for years. They have finally mustered the courage to leave and seek legal assistance, and they are very interested in seeking a divorce on cruelty grounds.Here in South Carolina, one of the contested divorce grounds is physical cruelty. In order to get a divorce on physical cruelty grounds in South Carolina there must be some physical aspect to the cruelty. The South Carolina case of Brown v. Brown (215 S.C. 502) sets out the requirements: there must be "actual personal violence, or such a course of physical treatment as endangers life, limb or health, and renders cohabitation unsafe."Usually, a single act of violence during the marriage will not be enough for you to be granted a divorce on physical cruelty grounds unless it is very extreme.So, if you are being denied your favorite television show here in South Carolina, you're going to have to look outside of the physical cruelty realm to find your grounds for divorce.
Bankruptcy During Divorce
During this kind of economic time, people are dealing with overwhelming debts, potential foreclosure, and they are eying the real possibility of filing for bankruptcy. This problem is compounded even further when the couple is facing a divorce as well and whether you should file bankruptcy together as a couple or not. If you are facing both divorce and the possibility of bankrupcty, I would encourage you to check out this divorce and bankruptcy post at the Bankruptcy Law Network blog by attorney Craig Anderson. Check it out!
Where can I find an Uncontested Divorce?
People want to know about uncontested divorces. They want to know if there are ways they can file the paperwork themselves because they are wanting to get through the divorce process without spending an arm and a leg on legal fees much less on paying support and alimony.An uncontested divorce means that there is nothing to contest, nada, zilch, zip, zero. But what a good divorce lawyer can help you with is identifying things that you may assume or not even think of at all which complicate your divorce more than you expected. Many times, people will complain that the lawyer is just stirring up the pot so he/she can bill more fees. But, I disagree. The lawyer has studied and trained in the law. It is their job in advising their client to help them apply the law and facts of the case in the best light for the client. They are also required to to advise the client of their rights. This is not the lawyer's life or case - it belongs to the client. How can the client make a good, rational, well-thought out and considerate decision without knowing what their rights are under the law. So when lawyers are accused of stirring things up, they are really trying to advise their clients of their rights under the law.Back to uncontested divorces. There are really only a handful of issues in a divorce or family law case. Typically, the issues are grounds for divorce, custody of minor children, support of minor children, visitation with the minor children for the non-custodial parent, division of marital assets and debts, and spousal support. There are some other issues and there are many nuances to the issues above, but very simply, it breaks down like stated above. A typical divorce that would be considered "uncontested" in South Carolina is when the grounds are the no-fault ground for divorce (one year separation), when there are no assets or debts to be divided, neither party is seeking any support from the other and there are no children of the marriage. If there is even one hitch or issue, then the case is not "uncontested."
Is there an Advantage to Winning at the Temporary Hearing?
Not too long ago I wrote about what the Temporary Hearing in a South Carolina divorce or family court case and what happens after a Temporary Hearing but we did not talk about whether you have a specific advantage if you win at a temporary hearing.A temporary hearing can be very powerful. It can give you a swing of momentum that may allow you to control some of the negotiation in your case. However, a temporary hearing is not prejudicial on the trial judge who hears your case if you and your spouse are not able to work out an agreement and a trial is necessary. Sometimes it is very helpful that the temporary order is "temporary." Other times the temporary order is very helpful and we would like for that to just continue on forever.Since it is always better to start off strong, I take a lot of time with my clients to prepare an organized and well-thought-out plan for the temporary hearing. Because of the format of the temporary hearing and the fact that there is little argument and no testimony our planning, organization and drafting of the affidavits are extremely important to the outcome of the hearing. The client also a plays an important role in preparing for the temporary hearing. Your lawyer needs to know what the other party is going to say about you. If you know of anything "bad" that is going to be used against you, you should have a conversation with your lawyer beforehand so he/she isn't surprised in court.
What if My Spouse Doesn't Respond to the Court Papers?
Sometimes spouses don't have anything to do with a divorce case. There are many reasons...maybe they don't agree with the divorce, maybe they don't want to spend any money or take the time to worry about, or maybe it is some other reason. Whatever the reason, my client wants to know what will happen if their spouse does not respond to the court papers. Can they move on and get their divorce anyway? Will they be able to force their spouse to sign papers or come to court?The answer is this: your spouse must be served with your Summons and Complaint for divorce. Once he/she is served with the divorce complaint he/she will have 30 days to respond by filing their answer. If your spouse fails to respond then they are in "default." That means they have not responded to the complaint and are deemed to agree with what you alleged in your complaint. In civil court in South Carolina you would basically win automatically at this point. However, in South Carolina Family Courts your spouse still has the opportunity to put on evidence and defend claims on all issues with the exception of the grounds for divorce.However, after the 30 days have elapsed and your spouse has gone into default, you can request a final hearing in your case. If your spouse does not come to court or does not contest any of the issues you will be able to obtain your divorce even though your spouse has not cooperated or responded in any way to the divorce papers you served them.