FAQ’s
What Does Vinculo Matrimonii Mean?
This is a Latin phrase meaning “from the marriage bonds.” Lawyers to mean a complete divorce use it. Typically lawyers will ask the Court to award a divorce “a vinculo matrimonii” or a complete divorce.
What does Pendente Lite mean?
This a Latin phrase meaning literally “pending the suit.” It refers to relief granted while the lawsuit is pending. Lawyers typically ask for relief, such as child support, pending the outcome of the suit. A motion for temporary relief usually seeks this type of relief.
What is Discovery
Discovery is a general term describing the method used to obtain information used to build your case. A subpoena for documents is a type of discovery. Types of discovery are Requests to Produce, which are typically document requests and Interrogatories, which are requests that the other party answers questions. Under the South Carolina Court rules both parties are allowed to obtain information in the possession of the other party to assist in preparing the case of the requesting party. For example, if an issue in the case is the value of the marital home and your spouse has possession of a copy of an appraisal of the home you can requests that he provide you with a copy of the appraisal.
The information requested can be in almost any form. You can request paper documents or electronic. You can request the right to inspect property. You can even request that the other party answer certain questions. For example, in a custody case, you can request that your wife state why she believes she should have custody of the children.
In the event that a dispute arises during discovery the Court will resolve the dispute if requested by the parties.
What do I do if my spouse doesn’t follow the court order?
Family Court orders are enforceable through the contempt powers of the Court. One would use the Rule to Show Cause as a vehicle to enforce the Order. If the Court finds that your spouse willfully violated the Court order a party can be sentenced to up to one year in jail or a fine of one thousand and five hundred dollars ($1500.00), or both. Your spouse may also be ordered to pay your attorney’s fees that were incurred to enforce the court order. There is also compensatory contempt that is available; for example, if your spouse fails to pay the mortgage payment despite having been ordered to do so and you are forced to pay it, the court can order your spouse to reimburse you for the amount of the mortgage you had to pay along with the other contempt sanctions.
How do I pay for an attorney?
Family Court attorneys are paid hourly based on the work performed, contingency fees are not allowed in divorce cases. However, an attorney may charge a contingent fee to collect child support or alimony after a divorce is final. We usually obtain a Retainer (based on the facts, issues and complexity of your case), which hourly rate will be deducted from based on the work we perform. Due to increasingly tough economic times, we are willing to work with our clients where the bill is concerned. We do not believe that someone should not get a divorce or fight for their child’s well being, just because money is tight.
In Personal Injury cases, there is no up front fee. They are contingency cases, which means if you do not get paid we do not get paid.
Real Estate Closings, Business, and Estate Planning & Probate cases are usually flat fees. Which means you pay X amount of dollars for the specific product or work. However, sometimes an attorney may be placed on retainer for these matters also.
What is a separation agreement?
A separation agreement is an agreement reached between you and your spouse, which deals with all of the issues between you. In most cases a separation agreement deals with the following: child custody, visitation, child support, alimony, debt division, property division, attorney’s fees, and insurance, as well as many other matters. If an agreement is presented to the Court, the Court will consider the fairness and reasonableness of the agreement. The Court will question both parties to determine whether the agreement is fair. If the Court determines the agreement is fair, and in the best interest of the parties and their minor children, the court will approve the agreement to make it an Order of the Court enforceable through the contempt power of the Court.
What is common law marriage?
In order to establish a common law marriage the parties must live together, agree (even if informally) that they are married and hold themselves out as married. There is no set time that the people have to live together or hold themselves in order for the parties to be considered as husband and wife. A common scenario that may establish a common law marriage is where two people file income taxes listing themselves as husband and wife or place their names on a joint bank account. Under this scenario the parties would probably have validly established a common law marriage. A common law marriage is considered to be exactly the same as a civil marriage under South Carolina law. The parties are eligible for all of the rights, benefits, and obligations that they would have under a married relationship established by a civil ceremony. They must also follow the same procedures for divorce, as would a couple married by a civil ceremony.
What if my spouse does not pay the child support they were ordered to pay?
Family Court orders are enforceable under the Court and a party who willfully fails to comply with a Court order can be sentenced to up to one year in jail or a fine a one thousand and five hundred dollars ($1500.00), or both. Again, the vehicle(s) that will get you into court is a Rule to Show Cause or a Warrant based on nonpayment.
My wife received custody of our children in our prior divorce hearing. Is it possible to go back to Court to request custody?
Family Court orders involving custody, visitation or child support, are always modifiable. In order to request a change of the prior custody order you would need to prove that circumstances had “substantially changed” and that it is now in the “best interests of the child or children” to live with you and not with your spouse. It should be noted that all aspects of Family Court orders relating to children, (child custody, child support, visitation, and insurance) are always modifiable based on the standard that if you show a “substantial change of circumstances” the previous Court order can be modified. It should be noted that alimony is not always modifiable.
I was fired from job can I get my child support reduced?
Yes, child support is modifiable if it can be proven that your income has been changed and you were not at fault in reducing your income. In this circumstance the Court can order a modification of child support. Courts are cognizant of the fact that some parents will quit their jobs or intentionally reduce their income in order to avoid paying child support.
If the Court believes that either one of those circumstances has occurred they will not reduce the child support but will base child support on your ability to earn wages. In a situation where the person paying child support was innocent in their firing, the Court will probably allow a modification of the child support so that the person’s new income is reflected. (Go to the Department of Social Services website and use the child support calculator to assist you in calculating the new support.)
Please be aware that you will need to file an action with the Court to modify your support. You cannot just arbitrarily reduce the child support without a Court order. Until the prior child support order is modified you are bound by that order and you can be jailed or made to pay a one thousand and five hundred dollars ($1500.00) fine if you fail to comply with the order. If you need to modify the order it is important to either contact an attorney or take proper steps to modify the order.
What is mediation?
Mediation is where a neutral third party, (usually an attorney), meets with all of the parties and their attorneys in an effort to resolve the case. Mediation is usually very effective in resolving disputes. Obviously there are some cases that cannot be resolved in mediation but it is one of the more effective ways to resolve cases by minimizing expenses to both parties. It is a growing trend and is required in some counties in South Carolina.
If you have a question, please email your questions to support@sarajaynerogers.com and we will post both your question and our answer in this section.