Frequently Asked Questions

Adoption/Termination of Parental Rights

• How Does One do an Adoption?
• How Does One Terminate Parental Rights?

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/Post-trial motions

• What Happens During an Appeal?
• When and Why Should Post-Trial Motions be Brought Regarding Family Court Orders?
• Why Do a Reply Brief?

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 is Condonation?
• What is Recrimination?
• 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 Family Court Temporary Hearings?
• What Happens During a Family Court Trial?
• What is a Motion to Compel?
• What is and is not Modifiable in a Family Court Final Order?
• What is Discovery?
• What is Res Judicata?
• What is so Important About Financial Declarations?
• What is the Difference Between a Family Court Temporary Order and Final Order?
• What is the Purpose of a Motion for Temporary Relief?

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 a Coverture Fraction?
• What is a Qualified Domestic Relations Order (QDRO)?
• What is the Difference Between a “Defined Contribution” Plan and a “Defined Benefit” Plan?
• What is Transmutation?
• Why Aren’t all Assets Equal in Equitable Division?

Protection from Domestic Abuse

• What’s the Difference Between Protection from Domestic Abuse and Criminal Domestic Violence?

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?
• What Happens During An Initial Consultation?
• 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?

Visitation

• Can the South Carolina Family Court Award Sibling Visitation?
• When Can the South Carolina Family Court Order Grandparent Visitation?