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.
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.
What Happens If DSS Takes Your Children?
DSS may come into your life for multiple reasons. Sometimes it is for a good reason and sometimes it is completely frivolous. When it comes to having your children removed from by DSS it can be a very distressing situation.
Regardless of the reason for the removal of your children, the Family Court must hold a probable cause hearing within 72 hours to determine if DSS had probable cause or a good enough reason to remove your children. At this hearing, DSS generally has the upper hand. In almost all cases, parents are not represented by an attorney at this hearing and they have no idea why they are in court, what has happened to their children, and what they have to do to get their children back.
At the probable cause hearing, DSS will call witnesses and attempt to prove their case while you will not be allowed to testify. You will have an opportunity cross-examine the DSS witnesses and you will be able to submit affidavits to the court supporting your situation.If you are unrepresented at this hearing and are unable to afford an attorney to represent you, the family court will appoint an attorney to represent you. A guardian ad litem will also be appointed to represent your children and to perform an investigation for the Court with their mind set on determining what is in the best interest of the children.I would recommend that if your children have been taken from you by DSS you should immediately contact an attorney who is experienced in representing people in DSS matters.
There are strict time lines and regulations that DSS must comply with and if they don't it can help your case. Only an experienced professional will know these things. You should not go to a probable cause hearing unrepresented if you can help it.
After the probable cause hearing, DSS will schedule a merits removal hearing within 35 days where the issue of whether there was child abuse or neglect occurred, and if it did what treatment services will be required before the children can be returned to the custody of the parents.
The goal in these cases is generally to return the children to your physical custody as quickly as possible. Sometimes, it will take some time before the parents are able to regain custody. I encourage parents to look for friends and family members who may be willing to take temporary custody of the children so they are no longer in foster care as a way to have the children placed with people who know and love them and get them away from the foster care system. Obviously, this helps the children cope with the circumstances, but also can help facilitate more time between the parents and children as the DSS visitation standards are very low (usually two hours per month of visitation).
Spiritual Healing v. Medical Treatment for Children
A Wisconsin couple was sentenced to jail time after they were convicted this week of second-degree reckless homicide after their three year old daughter died from untreated diabetes. Rather than seeking medical treatment for their daughter, the parents prayed for her and sought spiritual healing for her even as her health declined and she could no longer walk or talk. Here's the news story.Now this couple is forced to spend 30 nights in jail each year for the next 6 years and their other children are required to be taken to medical checkups periodically.This begs the question: do you have the right as a parent to determine what type of treatment your children receive - or if they receive treatment at all? What do you think? Should a parent be able to decide if their child should only receive spiritual treatment versus medical treatment?Via Family Law Prof Blog