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.

Can a Couple get Married without a Ceremony?

In South Carolina there are essentially two main ways for you to get into a marriage.  The first is the traditional "statutory marriage."  That is where you go down to the probate court in the county where you live and get a marriage license with your significant other and have a marriage ceremony.The other way for you to get married is what is called the "common law marriage."  What I hear from prospective clients and friends about common law marriage is that they believe that you are automatically common law married with someone after you have lived with them for a certain amount of time.The truth is, time does not play in to determining if you are common law married.  There are several factors that will determine whether you are married or not.Here they are:

• Cohabitation: You and your significant other must be living together to get common law married.
• Hold Yourself Out as Husband and Wife: You and your significant other must be holding yourself out as husband and wife.  That means when you go out you introduce them as your husband/wife.
• Both parties are over 16 years old
• Neither party is currently married to another person.

If you are common law married, that is the same as being married.  You have the same rights, etc. as if you are married the traditional way.  If things don't work out you would have to get a divorce.

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.

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.

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.

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:

1. If both of the parties are residents of South Carolina, then the plaintiff must have resided in South Carolina for more than three months.
2. 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.
3. 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.