Is a Hearing Required for an Uncontested Divorce in South Carolina
Many prospective clients have an idea that we can file some paperwork with the court and as long as everyone agrees with everything and wants a divorce that we won't have to go to court and have a hearing. In a South Carolina divorce case, even in an uncontested divorce case, you will be required to go to a final hearing.The final hearing is where the judge will hear testimony from you and your witnesses about the grounds (or reason) for divorce and about any other issues such as a property settlement agreement or custody agreement. It is the judge's duty to ensure that the marriage cannot be saved and that no counseling would help reconcile you and your spouse. The judge will also look at your agreements to make sure they are fair to both parties and in the best interest of any minor children born of the marriage.In a typical uncontested divorce in South Carolina a final hearing will last between 10 and 15 minutes depending on how much information is needed to be put on the record.
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.
Merry Christmas from UpstateFamilyLawBlog.com
I wanted to take a moment to wish you and your loved ones a merry Christmas and happy holidays. This is a very exciting (and stressful) time of year. I also wanted to thank you for reading these articles over the last year. I hope the articles have provided some information and encouragement to you when dealing with a legal issue you are unsure of. This year would not have been the same without you and your participation with this article.For me, Christmas provides a short break that gives me an opportunity to reflect back on a year full of wonderful joys and stressful personal and professional situations. It also signals the impending end of one year and fresh start of another. It is refreshing to look forward at a new year to imagine how we will move forward and build on the things we achieved in the previous year. I understand that many of the people that have contacted our firm to assist them this year or who are considering coming to speak to us are feeling extremely anxious about what may happen to them because of their individual legal problems, and Christmas may seem like just another day of stress. I encourage everyone to take some time this Christmas to be thankful for what you have been blessed with in 2009. I would invite you to call our office to set up a consultation to discuss the possible resolutions to you problems.Merry Christmas from the Greene Law Firm!
Questions to Get Answered Before Getting Married
As a divorce lawyer I meet with people in bad marriages every day. The marriages we discuss are widely varied and come in all shapes and sizes. It is always sad when a marriage doesn't work out no matter how long it lasted, but there is something puzzling that I can't quite put my finger on about marriages that last only a few weeks or months. Sometimes, I think the breakdown of these marriages has to do with communication issues or just varied future plans.I ran across as list of marriage questions you should discuss with your future spouse before you get married. These are questions about the decision to get married in general, family questions like how many children should you have, what religious beliefs do you have, what are your thoughts and ideas about money and how we will manage money as a family, will both of us work or not, what types of values do you have, what are your family values, what is your family relationship like, etc.I think you will find the article thought provoking and helpful to make sure you are making the right decision before you get into a marriage.
Merry Christmas and Thank You from UpstateFamilyLawBlog.com
2009 has been a great year and it couldn't have happened without you! I'm so thankful for my friends, clients, and those I have connected with online this year so I just wanted to take a few minutes to let you know. 2010 is shaping up to be a great year and I'm really looking forward to connecting with you in 2010. If I can do anything for you, please don't hesitate to let me know and connect with me through this site or on Twitter or Facebook.I want to wish you a very Merry Christmas and happy holidays.
Can I Modify My Child Custody Order?
Most court orders are permanent. If you were to be sued for some harm you caused to another person or their property or if you are involved in some property division in your divorce case, your court order would be permanent. That means, no matter what happens down the road, no matter what change of circumstances the order will not be changed.Family court orders dealing with children are different. The aspects of a family court order in South Carolina that deal with children such as custody, child support and visitation can be altered and modified after the order has been entered. In order to modify your child custody, visitation or support order you must file a new action and request that the previous order be modified due to a substantial change in circumstances. So, if the circumstances surround custody, visitation or support have not changed since your decree was entered, then you cannot seek to have the order modified.
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.
Can Introverts Make Good Trial Lawyers?
Can an introvert make a good lawyer - especially a good divorce lawyer? The truth is, most cases these days do not go to trial. Whether it is the expense, time involved, or beacuse of new alternative dispute resolution methods being used more and more, people are not having to try their case as much. But, some cases still can't be settled and are left up to the Court for a decision where zealous advocacy is required by the lawyers. I read an article recently by Jennifer B. Kahnweiler entitled "Why Introverts Can Make the Best Leaders" over at Forbes.com. I originally wrote this post over at TrippAtkins.com but thought it would be beneficial over here as well as I examine whether an introvert can make a good trial lawyer.Jennifer points out that many of the best leaders in the country consider themselves introverts. The list includes Bill Gates, Warren Buffett and Charles Schwab. Jennifer wrote that there are at least five reasons that introverts make good leaders:
- They think first, talk later;
- They focus on depth;
- They exude calm;
- They let their fingers do the talking;
- They embrace solitude.
Now, when I read the article the five points above really resonated with me. You see, I'm an introvert. So I got to thinking...can an introvert make a good lawyer? More specifically, can an introvert make a good trial lawyer?When I think of a trial lawyer, I think of a character such as Alan Shore from TV's Boston Legal. Someone who is extremely quick on their feet with wit and sarcasm. I'm asked occasionally by clients or prospective clients who want to know if I'm going to be a bulldog or super aggressive - someone who stands up and makes a show or screams and shouts around.Can an introvert effectively represent their clients in trial? I think so. My experience has been that I examine a case in depth. Preparation is of extreme importance. More extroverted people are able to think on their feet and may not need to prepare as much in advance, but an introvert can get past that with in depth preparation where they plan a response for any conceivable argument or objection.The third point, "exuding calm" is extremely important for trial lawyers - especially for divorce and family law lawyers because of the extremely personal and emotional nature of the cases we deal with. By being able to stand back from the case from a non-emotional place and look at it objectively, you can more effectively represent and advise your clients.I think introverts can make excellent trial lawyers and can effectively represent their clients. What do you think?