Frequently Asked Questions
A consultation fee of $100 is required for a one hour initial consultation. Please take a minute to review the Frequently Asked Questions.
A consultation is a time for you to meet with an attorney to review the specifics of your family law matter. Try to organize your thoughts, questions, and concerns that you want answered or addressed during your consultation to allow for the best use of the one hour consultation.
We can’t represent both parties because they have different goals in negotiations, and it could create a conflict of interest. While I commonly draft agreements for one client, we encourage the other party to seek independent counsel for review and consultation.
Every family court case is unique and my follow different stages. At any point, the parties may fully resolve their case by agreement. However, the typical case progresses as follows: Initial consultation, initiation by filing a Complaint, Temporary Hearing, Discovery, Medical, Final Hearing or Trial.
An uncontested matter refers to any issue settled through an agreement or stipulation between the involved parties outside the courtroom, usually before a Family Court action is filed. Typically, such agreements need to be filed and approved by a judge in the Family Court.
In South Carolina, divorce cases are governed by Title 20 of the state statutes. Judges also look at past decisions from the South Carolina Court of Appeals, South Carolina Supreme Court, and the United States Supreme Court for guidance.
Custody cases in South Carolina are governed by Title 63 of the state statutes. Judges also look at past decisions from the South Carolina Court of Appeals, South Carolina Supreme Court, and the United States Supreme Court for guidance.
There are several different “standard” visitation schedules, guidelines, and parental restraining orders. These schedules are not defined by law. The different schedules can be downloaded below:
– Judge Brown’s Standard Visitation and Restraining Orders;
– Judge Robertson’s Standard Visitation, Guidelines, and Restraining Orders;
– Judge Johnson’s Standard Visitation, Guidelines, and Restrictions on Parental Conduct; and
– Visitation schedule based on Daily v. Daily (when the parents reside in different states).
Recommended attire for men comprises a suit, pants paired with a blazer, or slacks with a button-down collared shirt as a minimum. For women, suggested attire includes a suit, skirt or pants matched with a conservative blouse, or a dress with sleeves. It is advised to refrain from wearing open-toed shoes, shorts, sneakers or athletic wear, and any form of revealing clothing.
A temporary hearing is set when you need the Court to address immediate temporary issues, including child custody, child support, visitation, alimony, and who is responsible for maintaining bills such the mortgage or insurance payments while you are separated. This hearing will set the new normal for you and your family until your case is resolved. Temporary hearings are affidavit based, meaning no oral testimony will be given by anyone other than attorneys. Accordingly, a packet of documents is submitted to the Court, including an affidavit written by you to present your side of the story to the Court.
A financial affidavit is necessary when financial matters such as child support and alimony are in dispute. This document is crucial as opposing counsel and the Court will rely on it to ascertain your income, expenses, assets, and debts. It is imperative that you complete the financial affidavit honestly, accurately, and to the best of your ability. You are not obligated to provide information regarding the other party’s finances.
Discovery involves collecting pertinent information crucial for resolving the contested aspects of your case. This process can occur via formal or informal requests, and its scope is tailored to the specifics of each case. Collaboratively, you and your attorney will discern the necessary information required during this stage.
In every contested family law case, the parties must participate in mediation. Mediation provides an opportunity for the involved parties and their attorneys, guided by a skilled mediator, to address the issues in their case through mutual agreement. Achieving an agreement allows the parties to avoid the need for a trial, where the court would otherwise determine the outcome of their case. The cost of the mediator is usually equally shared between the parties. This cost is not included with your initial retainer with Melissa’s Legal Solutions.
A “rule to show cause” is a contempt hearing where it is necessary to demonstrate a willful failure to comply without a valid reason for noncompliance. Penalties for contempt can vary but may include imprisonment, fines, and/or community service.
The Guardian ad Litem is a court-appointed individual, chosen either by mutual agreement of the involved parties or by the court itself, tasked with advocating for the best interests of minor children in custody or divorce proceedings. Their responsibilities include interviewing parents, witnesses, and children to provide the court with comprehensive information about the case. Given the unique circumstances of each case, the approach taken by the Guardian varies accordingly.
A final hearing can be either contested or uncontested. In the event of a full agreement to settle the case issues, the final hearing entails minimal testimony to confirm the terms of the agreement and the parties’ capacity to adhere to them. The judge evaluates the agreement’s fairness and incorporates it into a final order upon ruling its acceptance. However, if case issues remain unresolved, the final hearing transforms into an evidentiary trial. During this phase, both parties can present witnesses and evidence to aid the court in rendering a final decision as part of the final order.
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