Family Court Procedure Tag

Here in South Carolina, a lot of divorcing spouses represent themselves in court. And for the most part, if there are no children and no assets, this can be okay. But a lot of self-represented parties find themselves in hot water when it comes to things like orders of protection. Here are five simple steps you can take to help you if you are ever served with a protective order.

An interesting aspect of foreign divorces is that foreign divorces are not per se recognized in the United States. To say this another way, if you obtain a divorce from your spouse in another country outside of the United States, the United States will not automatically recognize that divorce as being applicable in the United States without additional evidence. With additional evidence concerning the foreign divorce, a US state like South Carolina may recognize the divorce under the legal basis of comity. Once a divorce is recognized in the United States, the divorced parties may be eligible for certain state and federal benefits that they may not otherwise have been eligible for.

Sometimes a couple’s divorce is complicated because one of the spouses lives overseas or is a resident of another country. The international divorce process can be complicated because the divorce requires an intersection between international law and American law. While there may be special considerations when filing for an international divorce, don't let that stop you from getting a divorce if you believe your relationship needs one. Contact an experienced South Carolina international divorce lawyer today.

In an ideal world, the best scenario for a divorce case is that it would be filed, the parties would agree on all of the issues, and then they would enter a settlement proposal where they could finalize their divorce. Unfortunately, given the huge emotional burden of divorce, it is common that there are hotly contested legal hearings required prior to the entry of a final divorce judgment. This is particularly true when it comes to determining a parent’s child support obligation and fighting over legal and physical custody of a minor child. Despite divorce trials and hearings being relatively common, many litigants in a divorce case have never been to court before and have no idea what to expect. Below are five tips you should read prior to any type of divorce trial or hearing in South Carolina.

Before the divorce process can begin, you have to deliver or “serve” divorce papers on your spouse. For most people, this step is no problem, as many couples are still cohabitating at the time of divorce. However, many others separate long before the divorce process is started. One spouse may move out of South Carolina altogether, either for work, family or just to get away from an unhappy marriage. No matter how far away from South Carolina your spouse is, however, serving divorce papers in another state is always an option. Once the divorce papers have been filed, you need to deliver a formal notice of divorce to your spouse. There are several requirements that must be met to ensure that your spouse receives the papers and has notice of the proceedings against him or her.

Establishing paternity over a child gives the father legal, social and economic rights to his child. The father of a child who has established his paternity over the child is entitled by law, barring extraordinary circumstances, to have the right to a full parent-child relationship. The child also gains the benefit of inheriting from his or her father, rights to the father’s medical and life insurance benefits, Social Security and other benefits like veteran’s benefits. Fathers who fail to establish paternity in South Carolina may miss out on having a relationship with their child, and the child may suffer by missing out on the financial, emotional and psychological support that a father can provide.

When you and your spouse have decided to end your marriage, there are many considerations that must be dealt with when going forward with the dissolution of marriage. Though you and your spouse may be amicably separating, this does not mean that you both can share the same attorney. Though divorce may be a costly measure, the longer the couple has been together, the amount of shared assets between them, any income disparity between them, and the number of children involved will make the divorce more difficult than just writing out a list and assuming your interests will be protected. However, the divorce can be made simpler when no children are involved. and the number of shared, marital assets is limited.

When deciding to initiate a divorce, there are a variety of crucial steps that must take place before the divorce process can begin. The first thing that needs to be done is to file your divorce papers with the Clerk of Court in the Family Court Division. When you decide to file, you must decide what type of divorce you will file for, whether it is fault-based grounds or no-fault. In a no-fault divorce, the process is a bit easier because of the fact that there are no issues or elements that you need to prove that would be required if trying to prove on a fault-based ground. Once those immediate steps have taken place, your spouse must be notified. This is done through the service of divorce papers on your spouse.