Updated: May, 2024
Understanding the Different Types of Family Law Cases
When most people think of family law court, they imagine a judge listening to divorce cases all day long. While they do hear divorce cases, family court judges handle all sorts of cases. Some of the cases handled by the South Carolina family law courts involve unhappy matters such as custody disputes and unpaid child support cases.
Others involve exciting matters such as adoption petitions. One way to look at it is that family law lawyers in Greenville handle any case that involves issues related to families and family relationships. If you’re looking to have something of this nature resolved, call a Greenville, South Carolina family lawyer. If they don’t feel your issue is something in their wheelhouse, they can always refer you to someone else.
The best way to find out if we can help is to give us a call. Let our front desk staff know what your questions or concerns are and, if warranted, they’ll schedule a consultation with one of our esteemed family law lawyers in Greenville.
Divorce Cases
Most people already know that the family law courts in South Carolina hear divorce cases. In fact, divorces make up more than half of the court’s docket. This does not mean that they spend a lot of time hearing divorce trials. Very few divorce cases go to trial. Just like most personal injury cases, divorce cases tend to settle at some point before trial.
Just because most of these cases eventually settle, that doesn’t mean there aren’t things that happen during the course of a divorce that warrant a court appearance. When the initial complaint for divorce is filed, all the court does is stamp the complaint, documenting the date it was filed. They court clerk will also check to make sure all the required forms are attached to the complaint.
Throughout the course of a divorce, many other issues arise that necessitate a judge’s ruling. For example, if one spouse files a motion asking for child support pending the final divorce, the judge will have to review the case and issue their final order. The same thing happens with other interim motions. These may have to do with spousal support, division of marital property, or other issues.
Adoptions
What a lot of people don’t realize is that most family law lawyers in Greenville also handle adoptions. Sometimes they involve couples looking to adopt a baby from another country. Other times, they involve domestic adoptions. For example, our firm may connect a client with a private adoption agency in South Carolina. They then work together with the agency to help their client complete the adoption and transition to becoming legal parents.
One other type of adoption that our associates frequently handle are stepparent adoptions. When a couple divorces, one parent is typically granted physical custody of the children. If, at some point, the parental guardian decides to get remarried, their new spouse may want to adopt the children from a prior marriage.
In cases like this, it usually goes one of two ways. In half the cases, the second parent has no problem signing away their parental rights. They figure this will eliminate their order to pay child support. In the other half of these cases, our client has to petition the court to terminate the other parent’s rights. While this is very difficult to do, under certain circumstances it may be in the best interests of the children.
In any adoption case, this is the court’s standard. Whatever decision the judge makes, it will be in the best interests of the children involved.
Post-Divorce Motions
It would be great to tell our clients that once their divorce is over, they won’t ever have to go to court again. However, this is rarely the case. When your divorce is finalized, you and your future ex-spouse sign something called a “Property Settlement Agreement.” Some Greenville, South Carolina family lawyers refer to this document as the “Marital Settlement Agreement.”
Essentially, this agreement outlines all of the terms of your divorce. It indicates how much spousal support will be paid, if any. It also outlines the custody arrangement. This document also includes a list of which debts and assets each spouse will retain after the marriage is dissolved.
In the months (and years) after the divorce is finalized, we get calls from our clients saying their ex-spouse has filed a motion against them. At some point, one of the spouses decides they aren’t happy with the terms of the settlement agreement. Or they feel the other party isn’t abiding by this agreement. In these situations, we are often called on to file a motion on behalf of our clients. Or, sometimes, we’re asked to respond to a motion that has been filed by our client’s ex.
Ideally, these matters can be resolved rather quickly. However, there are times when it takes months to hammer out these issues. Our goal is to work something out with your ex-spouse’s attorney. That way, it doesn’t cost you any more time and money than absolutely necessary. Of course, in certain situations, this isn’t possible, and we end up going to court to argue the motion before a family court judge.
Contact Greenville Family Law for assistance in these matters
If you think you’re going to need to file any sort of case with the local family courts, it’s a good idea to meet with a family law lawyer in Greenville first. When it comes to the family court judges, they don’t take pity on people who represent themselves. You’ll be held to the same standard as the other party’s attorney. This is why you should always consider hiring your own Greenville, South Carolina family lawyer.
There are a lot of special rules when it comes to filing papers with the local family courts. If you file the wrong form or forget to serve the other party, your case or motion will be dismissed. The same is true if you don’t pay the proper filing fee. Since our associates are very familiar with the local court rules, you can trust that your case will be handled properly from the start. You’ll also have an experienced lawyer in your corner. Call today and schedule your initial consultation.
