Helpful Information | brianjameslaw

Tips and Frequently Asked Questions:

Guardian

Litem

A Guardian ad litem is a person appointed by the court to represent “the best interests of the child” in court proceedings. Guardians are appointed in contested custody and visitation cases, name changes, adoptions, DSS abuse and neglect cases, and termination of parental rights cases. Sometimes the Court appoints a Guardian on its own and sometimes the attorneys agree upon a Guardian with whom they are familiar as opposed to leaving it to a judge’s discretion.

The Guardian ad Litem will perform an investigation, interview the parties, interview witnesses, review documents, and observe the child with the parties (typical unless there is some reason that cannot occur).

In a contested trial, a Guardian will submit a written report.

In private custody cases the guardian is paid by the parties. Most of the time, the court will set the guardian’s hourly rate, the parties’ initial payment, and the guardian’s maximum authorized fee. The guardian’s fee can later be reallocated by the court at trial.

What

Mediation?

Mediation is basically a negotiating conference where the parties sit down with an independent third party (“mediator”) and attempt to reach an agreed upon settlement. In family court cases, it is mandatory if the parties have not already resolved their case. The mediator does not make a decision and dictate the outcome (like a judge in trial); that is actually what mediation attempts to avoid.

Mediation is confidential and cannot be used by a party or against a party unless there are threats or admissions of child abuse or sexual abuse.

The parties’ attorneys are almost always present for mediation.

Typically, the parties are in separate rooms for mediation and likely never see one another.

Mediation generally lasts about 3 hours.

In most cases, the parties equally divide the mediator’s fees and payment is due on the date of mediation.

When Will

I Go

To Court?

Temporary hearings are usually set 30-45 days from the time the case is filed.

Final hearings where there is an agreement can take 30-60 days from the time a hearing is requested.

If the case is contested, meaning the parties do not agree on everything, then the parties must go through mediation and may have to involve a Guardian ad Litem. My best guess is that contested cases take 6 to 12 months until they are resolved.

Frequently Asked Questions and Tips:

How is

Alimony

Determined?

Permanent periodic alimony is the most common form of alimony and is generally permanent (paid until either spouse dies, the supported spouse remarries or the supported spouse cohabits for a period of 90 days or more) and paid periodically (generally monthly or weekly). It can be changed or terminated on a showing of a substantial change of circumstances. Alimony can be limited by agreement in either time or amount. When the parties are not yet divorced, permanent periodic alimony is called separate support and maintenance or spousal support.

Alimony is generally designed to enable the supported spouse to maintain the marital lifestyle.

Alimony cannot be awarded where the supported spouse has committed adultery prior to the issuance of a final order of separate maintenance and support or the formal signing of a written property or marital settlement agreement.

Alimony is not determined using guidelines. A family court judge has wide discretion in setting alimony. Whether alimony is awarded and the amount of alimony awarded can vary greatly depending upon the judge hearing the case. Some judges use a “rule of thumb” and some just eyeball it. Knowing the presiding judge’s tendencies can help in presenting your case.

There are other types of alimony, but they are infrequently used and not addressed here.

What is

Abandonment?

In South Carolina, desertion (abandonment) is defined as not living together for a period of one year, without consent of the other party, and without justification or excuse. It is a ground for divorce, but it is much easier to obtain a divorce on the grounds of a one year continuous separation. When used, it is typically used as leverage in a divorce case.

What are

the Divorce

Grounds in

S.C.?

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