Family law attorneys handle a wide variety of legal matters centered on family relationships and domestic issues. From the complexities of ending a marriage to the sensitive details of planning for your children’s future, these legal professionals work within a specific area of the law designed to address these deeply personal challenges.
Knowing the types of cases family law attorneys handle can help you identify when you might need to seek their guidance.
Key Takeaways about the Types of Cases Family Law Attorneys Handle
- Family law is a legal practice area that focuses on issues involving family relationships, such as marriage, divorce, and parentage.
- Common cases include divorce proceedings, which involve the division of marital property, determination of spousal support, and resolution of child-related matters.
- Child custody and child support are central components of family law, with decisions based on the child’s best interests as defined by state law.
- Attorneys in this field also draft and review legal agreements designed to protect assets, such as prenuptial and postnuptial agreements.
- Beyond initial court orders, family law practitioners assist with the modification and enforcement of existing orders when life circumstances change.
Understanding the Scope of Family Law in South Carolina
Family law is a broad and multifaceted area of the legal system that addresses the relationships, rights, and responsibilities between family members. In South Carolina, these matters are typically heard in Family Court, a specific division of the court system set up to handle these sensitive cases. The laws governing these issues are designed to provide a clear framework for resolving disputes and creating a stable path forward for everyone involved.
A family law attorney works within this framework to advocate for their client’s interests, whether that involves negotiating a settlement or representing them in a courtroom. The goal is to reach a resolution that is fair, legally sound, and allows you and your family to move on with clarity and security.
Divorce and Dissolution of Marriage
One of the most common types of cases a family law attorney handles is divorce, which is the legal process of ending a marriage. This process involves more than just signing a piece of paper; it requires formally untangling the financial and sometimes parental connections between two people. In South Carolina, you can file for divorce on several grounds.
A family law attorney guides clients through every step of this process, from filing the initial paperwork to attending hearings and finalizing the divorce decree. The state recognizes both “fault” and “no-fault” grounds for divorce.
- No-Fault Divorce: This is the most common path, requiring the spouses to have lived separately and apart for one continuous year without cohabitation.
- Fault-Based Divorce: These grounds include adultery, desertion for a period of one year, physical cruelty, and habitual drunkenness (which includes the use of narcotic drugs).
Filing for divorce on fault-based grounds can sometimes impact how property or alimony is decided, making the guidance of a legal professional particularly important in these situations.
Dividing Marital Property: Equitable Distribution
When a couple divorces, they must divide the assets and debts they acquired during their marriage. South Carolina is an “equitable distribution” state. This legal term means that marital property must be divided fairly, which doesn’t always mean a straight 50/50 split. The court looks at numerous factors to determine what is fair, including each spouse’s contributions to the marriage, their income, and their needs moving forward.
An attorney can help identify what qualifies as marital property and what is considered separate property (assets owned before the marriage or received as a gift or inheritance). Examples of marital property often include:
- The family home, whether it’s in a Charleston neighborhood like Mount Pleasant or further inland.
- Bank accounts, stocks, and other investments.
- Retirement accounts, such as 401(k)s and pensions.
- Vehicles, furniture, and other personal property.
- A family business or a professional practice.
Dividing complex assets like business interests or retirement funds requires careful financial analysis and legal strategy to protect your financial future.
Spousal Support (Alimony)
In some divorces, one spouse may be ordered to provide financial support to the other. This is known as alimony or spousal support. The purpose is to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage, or to give them time to gain the skills or education needed to become self-sufficient.
Courts in South Carolina can award different types of alimony, such as:
- Periodic Alimony: Regular payments made for a set duration or indefinitely.
- Lump-Sum Alimony: A single payment or a transfer of property.
- Rehabilitative Alimony: Payments for a limited time to help a spouse get back into the workforce.
- Reimbursement Alimony: Awarded to a spouse who contributed to the other’s education or career advancement.
The court considers factors like the length of the marriage, the conduct of both parties, and each person’s financial situation when deciding whether to award alimony and for how much.
Matters Involving Children
When a divorcing or separating couple has children, their well-being is the top priority for the Family Court. Family law attorneys handle the sensitive and critical issues of child custody and support, helping parents establish clear, stable arrangements that serve the children’s best interests.
These matters can be emotionally charged, and an attorney can provide a level-headed perspective to help you focus on creating a positive future for your children.
Child Custody and Visitation
Child custody determines who has the legal right to make important decisions for a child and where the child will primarily live. In South Carolina, there are two types of custody:
- Legal Custody: This refers to the right to make major decisions about the child’s life, including their education, healthcare, and religious upbringing. Courts often award joint legal custody to both parents.
- Physical Custody: This refers to where the child lives. One parent may have sole physical custody while the other has visitation, or the parents may share joint physical custody more equally.
When parents cannot agree, a judge will decide on a custody arrangement based on the “best interests of the child.” In South Carolina, the court considers many factors, including the child’s relationship with each parent, each parent’s ability to provide a stable home, and the child’s preference if they are old enough to express one.
An attorney helps parents develop a comprehensive parenting plan that outlines schedules for weekends, holidays, and summer vacations, ensuring consistency and predictability for the child.
Child Support Calculations
Both parents have a legal obligation to financially support their children. In South Carolina, child support is calculated using a formula set by state guidelines. The goal is to ensure that children receive a level of financial support similar to what they would have if their parents had remained together. A family law attorney can help you understand how these calculations work.
The primary factors included in the South Carolina Child Support Guidelines are:
- Each parent’s gross monthly income.
- The number of nights the child spends with each parent.
- The cost of work-related childcare.
- The cost of health insurance premiums for the child.
The South Carolina Department of Social Services provides an online calculator that can offer an estimate, but an attorney can ensure all relevant income and expenses are accurately reported to arrive at a fair support amount.
Other Common Types of Family Law Cases
While divorce and child-related issues are a large part of family law, attorneys in this field handle many other types of cases that affect families at different stages of life. These cases often involve proactive planning to protect assets or formalizing family relationships through legal processes.
Prenuptial and Postnuptial Agreements
A prenuptial agreement is a legal contract entered into by a couple before they get married. It outlines how assets and debts will be divided if the marriage ends in divorce or death. A postnuptial agreement serves the same purpose but is created after the couple is already married.
These agreements are not just for the wealthy. They can be a practical tool for anyone who:
- Owns a business or professional practice.
- Has significant assets or expects to receive an inheritance.
- Has children from a previous relationship.
- Wants to clarify financial rights and responsibilities from the outset.
An attorney can help draft an agreement that is fair, enforceable, and protects your interests, allowing you to enter a marriage with financial transparency and peace of mind.
Adoption
Adoption is a legal process that creates a parent-child relationship between people who are not related by birth. It is one of the more joyous types of cases a family law attorney can handle. The process can be complex, involving extensive paperwork, background checks, and court hearings to ensure the placement is in the child’s best interest.
Attorneys can assist with different types of adoptions, including stepparent adoptions, relative adoptions, and private adoptions, making sure every legal detail is handled correctly to finalize the new family unit.
Enforcement and Modification of Orders
Life is not static, and circumstances can change significantly after a divorce or custody order is finalized. When this happens, it may be necessary to return to court to modify the existing order. For example, a parent might need to request a change to child support if they lose their job, or they may need to adjust the custody schedule if they have to relocate for a new job, perhaps moving from Charleston to Greenville.
To get a modification, you must prove that there has been a “substantial change in circumstances.” An attorney can help you gather the evidence needed to present your case. Similarly, if one party is not complying with a court order—for instance, by failing to pay child support or refusing to follow the visitation schedule—an attorney can help you file an enforcement action to hold them accountable.
FAQs about Cases Family Law Attorneys Handle
Here are answers to some common questions people have when exploring the different types of cases family law attorneys handle.
What is the difference between a contested and an uncontested divorce?
An uncontested divorce is one where both spouses agree on all the major issues, including property division, alimony, child custody, and child support. A contested divorce is when the spouses cannot agree on one or more of these issues and need the court to make a decision for them.
Do I have to go to court for a family law issue?
Not necessarily. Many family law cases are resolved outside of court through negotiation, mediation, or other forms of alternative dispute resolution. Mediation, where a neutral third party helps you and the other party reach an agreement, is often a less adversarial and more cost-effective way to settle disputes.
How long does a divorce take in South Carolina?
The timeline for a divorce can vary greatly. An uncontested divorce based on one year of separation can be finalized relatively quickly after the waiting period is met. A contested divorce involving complex assets or custody disputes can take much longer, sometimes a year or more, to resolve.
Can I change my name back to my maiden name during a divorce?
Yes. In South Carolina, you can ask the judge to include an order restoring your former or maiden name as part of the final divorce decree. This is a common and straightforward request that a family law attorney can include in your divorce filings.
What should I bring to my first meeting with a family law attorney?
For an initial consultation, it is helpful to bring any legal documents you have been served, a list of your assets and debts, recent tax returns or pay stubs, and a written summary of your situation and your goals. Most importantly, bring a list of questions you want to ask.
Get Guidance for Your Charleston Family Law Matter
Family law matters touch the most important parts of your life—your relationships, your finances, and your future. The decisions made during this time can have a lasting impact. At Henderson & Henderson, we understand the challenges you are facing and are committed to helping people in the Charleston community find effective solutions. We believe in providing clear, honest guidance so you can make informed choices.
If you need to discuss the types of cases family law attorneys handle or have a specific issue you need help with, contact us today at (843) 212-3188 or through our online form to see how we can assist you.
