Child custody in SC is determined by the best interests of the child – but how does the family court decide the best interests of the child? SC child custody laws contain factors that the court must consider when determining child custody.
The types of child custody in SC include sole legal custody, joint legal custody, sole physical custody with visitation rights, joint or shared physical custody, and variations of sole or joint legal and physical custody.
Do you have to wait a year for a divorce in SC? If your ground for divorce is one year’s continuous separation, you will have to wait a year from the date of separation but not the date your divorce action was filed. If you have a fault-based ground for divorce that your spouse consents to and if there are no contested issues, you may be able to get a divorce much more quickly.
There is no “easy online divorce” in SC – you cannot file for divorce online and you will have to appear in court. Websites advertising an easy online divorce in SC are attempting to take advantage of people by charging them for documents that are already available for free through SC’s self-represented litigant packets.
Do you need an attorney for a divorce in SC? Do you need an attorney for an uncontested divorce, a no-fault divorce, or a divorce that does not involve children? What could go wrong if you do not have an attorney handling your divorce case?
Emergency hearings allow you to bypass the ordinary court docket when there is an immediate danger of irreparable harm. Expedited hearings are for procedural matters that must be heard before a court date that has already been scheduled. Temporary hearings allow you to resolve issues that cannot wait for a final divorce hearing.
Can you date other people while separated in SC? If you date before a settlement agreement is signed, it can affect alimony and division of property. Even if you date after an agreement is signed, it can affect the court’s child custody decisions.
How has the COVID-19 pandemic affected divorce rates in the United States? Many predicted that the stress from quarantine, financial troubles, and children staying home from school would result in a higher divorce rate during or immediately after the pandemic, but has...
Will the court order your spouse to pay your attorney fees in a SC divorce or other family court case? What if the divorce was their fault? In some cases, the family court can order payment of attorney fees, but it is not automatic - you must ask for it. There are...
Can you get the family court to set aside a divorce decree on grounds of fraud? What if your spouse sends the divorce complaint to the wrong address and then serves the complaint "by publication" using your maiden name instead of your married name, so your spouse can...