Frequently Asked Questions
Agreements & Mediation
- Do I Need a Family Law Attorney or a Mediator?
- How Does One Do a Separation Agreement (Custody Agreement) (Child Support Agreement)?
- How Does One Turn a Domestic Agreement into a Binding Court Order?
- What is Arbitration?
- What is Mediation?
- What is the Difference Between Mediation and Arbitration?
- Why Mediate?
Alimony/Spousal Support
- Can the Family Court Require a Spouse to Purchase or Maintain Life Insurance to Secure an Alimony Obligation?
- How Does Retirement Affect Alimony?
- In South Carolina, How Does Adultery Affect Alimony?
- What Types of Alimony are There and How Does the Court Determine Alimony?
Appeals
Child Custody/Visitation
- Can the Family Court Order Grandparent Visitation?
- How Does a Child’s Preference Affect Custody?
- How Does One Change One’s Child’s Name?
- How Does One Get Child Custody Modified?
- How Does the Family Court Decide Whether to Allow a Custodial Parent to Relocate with the Children?
- How is Child Custody Determined?
- How is Jurisdiction Determined in a Multi-State Child Custody Case?
- What Does a Guardian ad Litem Do?
- What Does the Term “Child Custody” Actually Mean?
- What is a “De Facto Custodian”?
- When Can a Non-Parent Obtain Custody from a Parent?
- Who has Custody When the Parents Were Never Married to Each Other and There is no Court Order?
Child Support
- Can the Family Court Award College Support?
- Can the Family Court Order Post-Majority Support?
- Can the Family Court Require a Parent to Contribute Towards a Child’s Private School Tuition as Part of a Child Support Order?
- Can the Family Court Require a Parent to Purchase or Maintain Life Insurance to Secure a Child Support Obligation?
- How is Child Support Set?
- What Happens to Child Support When a Child Emancipates?
Contempt/Enforcement of Orders
- How Does One Enforce a Family Court Order?
- What is Contempt?
- What is the Difference Between Civil Contempt and Criminal Contempt?
Divorce
- How Does One Change One’s Own Name?
- How Does One Get an Annulment?
- How Does One Prove Adultery?
- How Soon Can One Get a Divorce After Filing?
- What Are the Grounds for Divorce in South Carolina?
- What is Common Law Marriage?
- What Proof is Needed to Obtain a Physical Cruelty Divorce?
- Why Would One File for Separate Support and Maintenance Instead of Divorce?
Family Court Procedure
- How Does One Draft an Affidavit?
- How Does the Family Court Litigation Process Work?
- What Aspects of Family Law Require Personal Jurisdiction over the Defendant?
- What Can One do with a Subpoena?
- What Happens at a Family Court Hearing to Approve an Agreement?
- What Happens at a Family Court Pre-Trial?
- What Happens at Family Court Temporary Hearings?
- What is and is not Modifiable in a Family Court Final Order?
- What is Discovery?
- What is so Important About Financial Declarations?
- What is the Difference Between a Family Court Temporary Order and Final Order?
- What is the Trial Process?
- When and Why Should Post-Trial Motions be Brought Regarding Family Court Orders?
Miscellaneous
- How Should a Litigant Act at His or Her Deposition?
- Suggestions for Organizing Family Court Files
- Tips for Testifying and Behaving in Court
Property Division
- How Does the Family Court Divide “Marital” Property?
- What is Transmutation?
- Why Aren’t all Assets Equal in Equitable Division?
Retaining & Paying for an Attorney
- Can an Attorney Represent Both Spouses in a Divorce or Both Parents in a Child Custody or Support Case?
- How Does One Pay for a Family Law Attorney?
- How Does One Relieve an Attorney (and Hire a New One)?
- How Does the Family Court Decide Whether to Award Attorney’s Fees?
- Should my Family Law Attorney be a Negotiator or a Litigator?
- Why do I need an Attorney if we have an Agreement?
- Why Does Mr. Forman Charge a Retainer for Family Law Work?
- Why Does Mr. Forman Charge for Initial Consultations?