Everyone knows that in Palmetto State, nothing is more important than family. The links below provide state-specific family laws on a variety of topics – including marriage, adoption, minors and law, and more. The minimum age of marriage is 18 (or 16 with parental consent) and South Carolina recently began recognizing same-sex marriage. This section also includes resources for the unfortunate event where a romance ends, with information about divorce, child support, and custody. Click on a topic below to learn more about South Carolina family statutes. How long does it take to get divorced? The law provides that a final hearing in a divorce case may take place 90 days after a lawsuit is filed. However, due to family restrictions in the northern South Carolina state, divorce proceedings usually take longer, depending on the complexity of the case. If a party does not respond to the complaint, they usually lose by default and are essentially prevented from defending the case. But in our family courts, that is not the case. Even if a defendant does not respond to your complaint, you must still notify them of a hearing on the merits, as is generally the case under South Carolina`s Rule of Civil Procedure 5(a). Your failure to respond is also not considered a confession as it would normally be under South Carolina`s Rule of Civil Procedure 8(d). In addition, the defendant may be heard at a hearing on the merits with respect to custody, access, maintenance, alimony, equitable distribution or lawyers` fees. State and federal laws grant citizens the right to a jury trial for criminal cases and damages.
Neither occurs in South Carolina Family Court. For this reason, all family court cases are referred to a family judge chosen by our legislator, and since family judges “drive,” you may or may not get a local judge for your hearing. In other courts, there are situations where the court may award relief to a party, even if the party has not requested it. That is not the case in family court. In family court, a party can only obtain from the judge the remedy that he or she seeks in writing or orally. This differs from South Carolina`s 54(c) rule of civil procedure. For all your family lawyers, contact Lauren Taylor Law today. When couples divorce, family courts divide matrimonial property according to different guidelines. To learn more about these policies and more, click here. South Carolina Family Court is not like a court you see on TV. In fact, in some key aspects, it`s not even like other real dishes in South Carolina. Of course, every court in South Carolina will have a judge present and the rules of civil procedure and rules of evidence will apply.
However, there are significant differences within South Carolina Family Court. There are many peculiarities that come with the field of hearing cases in different courts, and you should keep them in mind, whether you are a lawyer or a litigator. Because of these specificities, we strongly recommend that you meet with a lawyer to find out where your case will be filed and in which court you will be. We have a team of lawyers at King Law Offices who practice regularly in South Carolina Family Court, and we would be happy to schedule a free consultation at our Greer, SC, Gaffney, SC office or by phone to discuss the details of your case. Please call us at (864) 877-3355. South Carolina`s Rule of Evidence 611(c) and South Carolina`s former Civil Procedure Rule 43(b)(1) state that leading questions may not be used in direct examination, with some exceptions. In family court, however, relaxed rules allow a lawyer to ask key questions. See South Carolina Rule of Family Court 2. Can a father get custody? So, is it possible for a father to be given custody of one or more children? Absolutely and without a doubt. The paramount consideration in all custody disputes is the best interests of the child or children concerned, and with the abolition of the tender age doctrine, the Court has recognized the invaluable contribution of fathers to the health, well-being and well-being of their children.
Can the court restrict visitation? For various reasons, a standard visit is not appropriate in all cases, for example when one of the parents is addicted. In such cases, the court may provide for one-day visits or supervised visits. South Carolina, like most states, establishes a set of requirements and guidelines that individuals and couples must adhere to if they wish to adopt a child or adult. Like most serious decisions, marriage is a contract that cannot be concluded until you have reached a certain age. Learn more about age requirements and possible exceptions to the rule. What are the reasons for divorce in the state of South Carolina? We have four reasons for error; Adultery, habitual drunkenness (including drug addiction), physical cruelty, and abandonment for divorce in South Carolina. We also have the reason, through no fault of our own, to live apart and apart for more than a year. One year begins on the date of your effective separation.
If you reconcile at any time this year, even for one night, the clock starts again. How is child support determined? In the state of South Carolina, we use the Department of Human Services guidelines, a formula that looks at parents` gross monthly income and gives them loans for specific expenses, such as work-related daycare. Child support can be paid either directly from one parent to the other or through the family court, with a 5% administrative fee added to the payment. Do I have to pay child support? Whether or not a person is ordered to pay child support depends on a number of factors in which child support is typically paid in long-term marriages where there is a significant difference between the spouses` current income and the spouses` ability to provide future income. What is a standard tour? Most counties have what are called standard tours. In Greenville County, the standard tour is a tour schedule created by the Honourable Tim Brown. What types of visits are there? In South Carolina, visitation rights can be agreed upon by parents. If the parents cannot agree, the family court determines access. Once access is scheduled and a parent is denied court-ordered access to a child, the parent can take the matter to court.