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Family Court Procedure in South Carolina

Temporary hearings, emergency relief, affidavits, discovery deadlines and the mechanics of a South Carolina family court case.

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Articles, papers, FAQs & videos

Article New Can I Get an Emergency Custody Order in South Carolina? When a child's safety is at stake, the family court can act within days, and sometimes the same day. Here is the standard for ex parte and expedited relief, and the... Article New My Ex Isn't Following Our Court Order or Agreement. What Can I Do? A family court order is enforceable — but only through the court, only if the violation was willful, and only if the order was actually entered. Here is how... Article New My Spouse Won't Turn Over Documents: How Discovery Enforcement Works in South Carolina Family Court When a spouse ignores discovery in a South Carolina divorce or custody case, the rules give the judge a ladder — a good-faith letter, a motion to compel, and fee... FAQ Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about the divorce process in South Carolina — grounds for divorce, the court process from filing through trial,... Video Filing for Separation in South Carolina Columbia SC Divorce Attorney Nick Mermiges explains what it really means to 'file for separation' before a divorce in South Carolina, what relief the Court can order,...

Answered questions

What happens at the first court hearing? Called a “temporary hearing,” this 15–30 minute hearing takes place at the beginning of your case. The Court will review written submissions and... Divorce FAQs Will I have to testify at the temporary hearing? No. In South Carolina, temporary hearings are based on written affidavits (sworn statements) and financial declarations, not live testimony. In very rare... Divorce FAQs What is an affidavit? An affidavit is written sworn testimony. It is a written, notarized letter to the judge where you tell your story, explain your background, and state what... Divorce FAQs Can I get friends or family to write affidavits for me? Yes, you can submit supporting affidavits from witnesses who can attest to your character or specific incidents relevant to your case. Divorce FAQs What is mediation? Mediation is required in all contested cases. With a few exceptions, you must complete mediation in order to request a trial, and if you do not request a... Divorce FAQs Can I get my spouse to pay my legal fees? You can request it, but courts rarely order one spouse to pay the other’s attorney’s fees unless there is a significant disparity in income or... Divorce FAQs

Other topics:Child CustodyDivorceProperty DivisionAlimony & Child SupportMilitary FamiliesModification & EnforcementDiscovery & Evidence

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