Family Law
Our attorneys handle all areas of family and domestic law, including divorce and separation; paternity, child custody and visitation, and child support; domestic abuse; spousal support; and adoption. Having a family or domestic law issue is a difficult and emotionally-trying time. This is where the experience of a family and domestic law attorney comes in especially handy. Our firm will guide you through each step in the process, handling your case as efficiently and quickly as possible.
Here are some common questions we hear from our clients regarding their domestic situations:
Can my spouse and I retain the same attorney to save money?
No. However, one party may retain an attorney to prepare an agreement or to pursue an uncontested divorce. The other party may then proceed as a self-represented litigant, though it may be prudent for that party to at least consult with an attorney before doing so. In addition, a couple may choose to engage in mediation as discussed [here](#mediation).
What is a Separation Agreement?
A separation agreement is an agreement made by a separating or divorcing couple regarding the division of property, custody and visitation, alimony, child support, or other related matters. The agreement must be put in writing, signed by the parties, and approved by the court. The agreement may also be recited into the record at trial or included in the body of the order. It becomes part of the Order of Separate Support and Maintenance or Decree of Divorce and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement or settlement agreement. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to issue an order after reviewing testimony and other evidence. However, if the division of property cannot be settled, then the court must hold a trial and make the final determination.
How can my spouse and I reach an agreement together?
If parties need assistance in reaching an agreement or want to keep their litigation costs down, they may want to consider [mediation](#mediation), which is a confidential decision-making process in which a neutral third party (i.e. an attorney or other professional) assists the parties in reaching informed decisions after a complete discussion of all of the issues involved. [V. Lee Moore](/lawyers/moore) is a family court mediator certified by the S.C. Board of Arbitration & Mediation Certification.
If my spouse and I have a written agreement signed by both parties, why can't we just wait until we can pursue a divorce on the ground of a one year's separation and have the agreement approved at the same time?
Although you can certainly do this, it is generally more beneficial for the agreement to be approved and included within an Order for [enforcement purposes](#ContemptofCourt). Until approval, such agreement is just a contract with no "teeth". If either party failed to comply with the terms of the Agreement, the Court would not be able to enforce the Agreement.
Will I have to pay a consultation fee at my first meeting with an attorney?
Unless the consultation is for a personal injury case, we charge a consultation fee. In addition, although we do charge a consultation fee (at a reduced hourly rate), clients typically decide to retain us at the initial meeting.
Can I enter into a fee agreement for a family court matter with my attorney based on a percentage of what I receive?
Except in very limited circumstances (i.e. collection of child support or alimony arrearages), contingency fees are prohibited by the Rules of Professional Conduct. Fees in Family Court must either be a flat fee or based on an hourly rate. In family court cases, retainers are typically required, and payment for services and fees are made from the retainer with intermittent requests from the attorney's office to replenish the retainer. Fee agreements must be in writing and signed by both the client and the attorney.
If you are experiencing issues related to any of the following practice areas, a South Carolina Family Lawyer like the ones at Moore, Johnson & Saraniti Law Firm, P.A. can help you.
Divorce
Whether a divorce is based on a spouse's fault due to adultery, habitual intoxication, physical cruelty, or abandonment, or is being obtained on a no-fault basis because the parties have been lived separate and apart for more than one year, an experienced domestic attorney can guide you through the issues and help you protect your rights during what can be a very trying time for most clients.
Divorce involves many issues, not just the end of a marriage. Divorce also encompasses other issues including the division of property and debts, alimony, child custody and visitation, and child support. All of these issues can be easily handled with the right attorney who is experienced in family law.
Why can't I get a quick divorce on the grounds of adultery if my spouse doesn't object?
South Carolina law provides for a "cooling-off" period in the hopes that some couples may reconcile if they are unable to obtain an immediate divorce. This means that no hearing can be scheduled for 60 days from the date of filing, and no hearing order may be issued for 90 days.
Alimony
Alimony is designed to assist a separated or divorced spouse who has foregone opportunities for advancement or otherwise has financial needs as a result of divorce or separation. The South Carolina Family Courts weigh several factors in making a determination of whether to award alimony in any given case. Cases involving alimony claims are further complicated in that once the court determines that an award of alimony is appropriate, there is no formula defining how much alimony the Court should award. Recent changes in federal tax laws make seeking the guidance of a family law attorney increasingly important. A family law attorney can collect pertinent information and present it to the Court in such a way that assists the judge in determining whether to award alimony and what is an appropriate award.
Paternity
Determining whether the children from a marriage or relationship belong to both parties after separation can be handled through a paternity action. Establishment of paternity is an integral step in establishing visitation and child support. Whether you need to establish paternity to protect your parental rights or if you are contesting a paternity allegation, our firm can help you.
Custody
For divorcing parties or for unmarried individuals who share a child or children together, the question of which parent has custody of those children is often the single-most important question. A determination of which parent has custody will dictate which parent is responsible for the children's care after divorce or separation, including visitation rights, sole custody, and joint custody.
Our attorneys are experienced in acheiving fair and reasonable custodial schedules for our clients based on the various factors weighed by South Carolina Family Courts in making custody determinations.
What is joint custody?
Joint custody has two parts: joint legal custody and joint physical custody. Joint legal custody refers to both parents sharing the ability to make major decisions affecting the children, which can include decisions related to schooling, health care, and religious training.
Joint physical custody refers to the parenting time each parent spends with the children. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the child is going to spend a substantial amount of time with both parents, it helps if the parents live close to one another. Although South Carolina law allows for joint custody, such an arrangement will not be realistic unless the parties can work together.
Visitation Rights
Most parents agree on when and where a non-custodial or secondary custodial parent will visit with their children. Many parents choose to characterize the non-custodial parent's time with the child as "reasonable visitation" and to work out flexible visitation schedules among themselves. When parents cannot agree about visitation, the judge will set up a definite visitation schedule, taking into consideration such things as the age of the children, the visiting parent's relationship with them, the home conditions of the parent with custody and of the visiting parent, and any special problems of the children such as their physical or emotional health.
Judges feel that children are best off when they are reminded regularly that they have two parents, both of whom care about them. A judge usually will not deny or restrict a parent's right to reasonable visitation unless he finds that the visitation is bad for a child's physical, mental, moral or emotional health. In most cases, the judge will try to establish regular weekly or alternate weekend and holiday visitation, with a fair sharing of school vacations and holidays.
A non-custodial parent does not lose the right to visit children because of a failure to pay child support, and a custodial parent cannot withhold visitation because the other misses support payments. Both a refusal to allow court-ordered visitation and a failure to pay court-ordered support may result in a contempt sanction.
Do grandparents have visitation rights to their grandchildren? Who may petition for visitation? Under what circumstances may a petition be filed?
Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. But since 1965, all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation rights with grandchildren. The laws do not make granting of visitation rights automatic – they merely give grandparents the right to ask for a visitation order. Most commonly, a grandparent (or other permitted third party) may petition for visitation after the death of a parent or upon divorce of the parents.
Shared Parenting
It is often said that raising children takes a village. In many cases, a child's best interests are served by having the involvement of both parents; however, courts are reluctant to order shared parenting in situations where the parties are engaged in contentious litigation. For this reason, shared parenting is traditionally an arrangement agreed to by the parties. Shared parenting allows for a specific parenting schedule that provides comparable parenting time to both parents and allows the parents to share the responsibilities of rearing their child. In shared parenting arrangments, both parents are involved in decision making for their child. Shared parenting is not appropriate for each family's circumstances, but if you are seeking a collaborative parenting approach, shared parenting may be right for your family.
The attorneys at Moore, Johnson & Saraniti Law Firm can assist you in crafting an agreement that accomplishes your goals and desires based on what is right for your family.
Child Support
Child support is the payment made from one parent to the other for support of their children after a divorce or separation.
How will our child support be determined in a divorce or paternity case?
South Carolina's child support formula uses an income shares model, which is based on the income of both parents. Usually, the parent without the child the majority of the time will pay support, but if both parents share time with the child equally, the parent with the greater income usually pays support. The support may be reduced based upon the amount of time the payor spends with the child. If a parent is intentionally not working or is working less, thereby reducing his or her earning capacity, the court will "impute income". This means the court will set support based upon what the parent is capable of earning rather than actual earnings. Each case is unique as to what expenses may be included in calculating child support. For example, some support awards include health insurance, uncovered medical expenses and day care, while others may not.
What happens if a parent does not pay court-ordered child support or violates some other portion of a court order?
The court has the power to hold a party in [contempt](#Contempt of Court) for a wilful violation of a court order. The contemnor must be allowed an opportunity to "purge" the contempt, meaning to comply with the order. If the contemnor does not purge the contempt and has the ability to do so, the court has the power to issue an Order punishing the contemnor with up to one year incarceration, $1,500 fine, 300 hours of community service, or a combination of the three for each violation.
Mediation
Mediation is a dispute resolution method designed to help conflicting parties resolve their own dispute without the necessity of presenting witnesses or evidence in court. In mediation, a neutral third party (the mediator) meets with the opposing sides in a confidential process to help them find a mutually satisfactory solution. Unlike a judge in her courtroom or an arbitrator conducting a binding arbitration, the mediator has no power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.
Contempt of Court
If your ex-spouse or child's parent has been ordered to pay either child support or alimony and fails to do so, you can ask the court to hold him or her yourin contempt of court. If found to be in willful contempt, your ex-spouse could be imprisoned. Another available remedy is to garnish his or her wages - the nonpaying party's employer will deduct money from his or her paycheck and pay you directly.
If either party fails to fulfill any obligations under a Court Order, that party can be subjected to the contempt powers of the Court.
Penalties for contempt include up to a $1,500 fine, up to one year in jail, up to 300 hours of community service, or any combination thereof.
Adoption
Whether a step-parent is looking to adopt their spouse's child, in many cases simply making legal a relationship that has long existed, or if a family is adding a new member to the family, adoption is “the legal and social process involving the transfer of rights over a child from a set of birth parents to a set of adoptive parents.” This process can be long and complicated, but the rewards are great. Helping a child be placed in a safe, loving home is one of the most rewarding aspects of a family court attorney's job.
South Carolina adoption law is complex and the results can be devastating if the requirements are not strictly followed. Our attorneys are familiar with the statutes and will seek to establish strict compliance with our state's requirements for a valid adoption. If you have questions about adoption or if your family is looking to adopt a child, our experiened family and domestic law attorneys can streamline the process.