Divorce

What Are The Options For Proceeding With A Divorce in South Carolina?

South Carolina you do not need a lawyer to file for divorce can simply file the divorce yourself. However, if you do not know what you’re doing, then you may be costing yourself a lot of money. The Family Court system will be glad to give you the forms needed to start the divorce, but the courthouse and the employees who work there cannot give you any legal advice. Divorces are a lot more complicated than how the forms read. The old adage that you don’t know what you don’t note can come back to haunt you and cost you lots of money and aggravation. It is best to have a consultation with an attorney before proceeding on your own.

How Is Custody Of A Child Or Children Determined Under South Carolina Family Law?

In South Carolina if the parties the parents agree on custody, then they can do so and Family Court judge will simply make their agreement into a court order. If the parties cannot agree upon custody, then the court will appoint guardian ad litem to investigate everyone’s homes and allegations. If ultimately case cannot be resolved through negotiations or mediation a trial will be scheduled and I Family Court judge will make the determination which parent shall have custody.

Is There Ever An Age For A Child To Have Input On Who He Or She Will Live With?

There is no set age where child can have input in a Family Court case as to where her who he will live with. However, the court must consider when determining what is in the best interest of the child, the child’s reasonable preference for custody. The court, however, must place weight on the preference of a child based upon the child’s age, experience, maturity, judgment, and ability to express a preference. However, this does not mean that just because a child expresses a preference that the court will find that the preference of the child is in the child’s best interest.

When Is Alimony Or Spousal Support Awarded In A South Carolina Divorce Case?

Alimony or spousal support are ordered in order to assist the spouse and put them in the position that they were in prior to the divorce. The court must consider numerous factors before awarding alimony or spousal support. The court will take into consideration for instance how long the parties were married, ages of the parties when they were married and at the time of the divorce, the disparity in the parties’ income, the standard of living established during the marriage, and various other factors the court deems relevant. It is very difficult to determine how much someone will receive in the amount of alimony. The reason for this is that every case is different. The length of parties’ marriage, their education levels, amount of money they make, very on a case-by-case basis. There is not a calculator that can specifically set out what someone will receive or pay in alimony. It is very fact dependent and also relies a lot upon the judge that here’s the case that the parties are unable to come to an agreement. Most lawyers can give clients arrange that they can expect in alimony, but no lawyer can give an exact amount that should can be expected to be paid or received

Who Is Responsible For Child Support In South Carolina? How Much Is Child Support

Any person who has a child in in South Carolina can be responsible for paying child support to support that child. There is a calculator mandated by law that Family Court judges must use in order to determine how much someone’s child support obligation will be. The court looks at the parties’ gross income, before taxes, how many overnights each parent has with the child, the amount of work-related daycare cost, and the cost for the child’s health insurance. There are other things that the court can consider but those are the main ones the court uses when determining and calculating the child support amount.

Can Spousal Support, Child Custody, And Child Support Be Changed In South Carolina?

Yes, nothing concerning the child is ever final. All court orders concerning children whether it’s dealing with child support or child custody can be changed upon a showing of the substantial change of circumstances. Spousal support can also be modified if after it were originally ordered the order amount for modification or did not address whether not the amount could be modified. In order to have a modification of spousal support, child custody and child support a new lawsuit must be filed in order to bring the matter before the court the judge to address what the new amount should be.

Do I Need To Hire A South Carolina Family Law Attorney?

This question is similar to asking do you need a heart surgeon for your heart transplant. You don’t have to have one, but what you think the likelihood of success would like look like. You can definitely represent yourself without having a lawyer, but you will be at a great disadvantage if the other side has a lawyer. There is much more to practice in law than simply using the Internet to become educated on the law. Lawyers go to school for several years in order to obtain a degree and then have constant continuing legal education in order to keep apprised of the changing walls in their areas. Family Court lawyers also had the skill. I found that when people choose not have a lawyer it is because they think they are smarter than they really are or they believe they will be saving money. Neither of these situations are true. I see people cost themselves money by not having lawyers and often cost themselves more money than if they had a lawyer in the first place. For more information on Handling Family Law Cases In South Carolina, an initial consultation is your next best step.