All About Family Court in Florence, SC
The family court is a specialized division of Circuit Court where judges with special training in family law issues handle all trials and motions related to family law, divorce, and child custody issues. The family court has concurrent jurisdiction with the circuit court to hear divorce actions, equitable distribution actions, alimony actions, child support actions, actions involving termination of parental rights, adoptions, change of name, and actions involving custody or visitation of minor children. When a divorce involves children, the family court assumes jurisdiction over custody, visitation, and child support . In situations where there is a possiblity that a minor child may be removed from South Carolina, a family court will have exclusive jurisdiction over this limited issue. A family court judge hears divorce motions and trials on a four-county circuit. These counties are Darlington, Florence, Marion, and Marlboro. The family court judge hears all family law cases in each of these counties. Uncontested divorce actions are heard by a family court judge once a month, while contested divorce cases are heard in each county approximately once every six months.
Traits of an Ideal Family Lawyer
When embarking on the search for the best family court lawyers in Florence SC, certain qualities should be prioritized. First and foremost, experience is indispensable. A family lawyer who has practiced in Florence SC courts for many years will have an intimate understanding of local laws, judges, and procedures, allowing them to provide more effective representation.
Another important factor to consider is communication style. A good family lawyer will be able and willing to explain the intricacies of your case in terms that are easily understood. You should never feel embarrassed to ask questions of your attorney, and they should be happy to find the answers for you.
The importance of client testimonials cannot be overstated. Look for reviews on third-party sites or ask about past cases during your intial meetings. A record of satisfied clients will give you peace of mind when choosing your family lawyer.
Frequent Problems in Family Law
Florence, SC family courts adjudicate the vast majority of family law issues in the state. The most common legal issues handled by our family court lawyers in Florence County, SC include the following:
Child support is the amount of money often ordered by the court, or agreed upon between the parties, that one party shall pay to another for the ongoing care and provision of the minor child. Often times child support is ordered or agreed upon in conjunction with child custody and visitation. The primary factor affecting the amount of child support ordered by the court in South Carolina is the parties’ proportional income. There are many other factors, however, of which an experienced family court lawyer will be well aware.
Child custody and visitation generally focus on a primary award of custody to one parent, and a secondary award of visitation to the non-custodial parent. The non-custodial parent usually retains visitation rights with the minor child once this issue is resolved by the court, or agreed upon between the parties and incorporated into a Final Order.
Divorce, (or separation), is the most common legal issue handled by our family court lawyers in Florence County, SC. Divorce requires that one party file a family court action asserting a cause of action, or ground, for divorce, pursuant to S.C.Code Ann. ยง 20-3-10. The grounds for divorce in South Carolina are one year’s continuous separation, adultery, physical cruelty, or habitual drunkenness. A divorce action, however, typically encompasses more than a dissolution of marriage.
A divorce case is often the impetus for many ancillary legal issues, such as the division of marital property, the payment or receipt of alimony, child custody, child support, visitation, legal separation, and many other ancillary matters. An experienced family court lawyer in Florence County, SC will be familiar with all of the issues involved in the divorce process.
Five Actions When Asking a Family Lawyer
When seeking to hire the best family court lawyers in Florence, SC, there are certain steps that should be followed during the selection process to help you make a sound decision. When seeking help with a divorce, child support dispute, or any other family law matter, it is critical to make informed and prudent choices in selecting a lawyer.
The first step in the process is to conduct a thorough search for qualified family lawyers. The internet is a good place to start, as the majority of law firms today maintain websites that provide general information about the firm’s capabilities and general pricing structure. Another way to find capable family lawyers is through referral from a trusted friend, acquaintance, or adviser, or through referral from other professionals such as a banker, or accountant.
Once a list of potential candidates is compiled , you should be prepared with questions to ask the prospective lawyer during the initial consultation. It is important to discuss each case in detail, and fully disclose all details of the matter so that the various issues can be properly evaluated. At the conclusion of the initial conversation, you should have a good idea as to the lawyer’s fees and whether or not you feel comfortable with the level of service being provided by the lawyer. In our experience, the way a lawyer handles the initial consultation is a good indication of how the case will proceed once the representation begins.
Questions that you should be ready to ask include: It is important to remember that while fees are a critical factor in the process, the cheapest fees do not always reflect the highest quality representation. Finding a competent family law lawyer takes time and research, but the work done prior to a hiring decision will go a long way in ensuring that the process is as smooth as possible.
Advantages of Local Florence Family Court Attorneys
A primary advantage of going with a Florence, SC family court lawyer for your case is that the attorneys you are meeting with will have a significant amount of experience inside Florence County family court. Many lawyers will handle cases in multiple counties across the state and may not have a lion’s share of their experience in any one particular jurisdiction. Our few family court lawyers with the Florence office likely spend 90% or more of our time inside Florence County family court and on cases in the city of Florence.
Specifically, we know where things go and how things work in Florence family court, Florence County general sessions court, and Florence County probate court. For example, we know that most civil trials in Florence County happen on Thursdays, Fridays, and Saturdays. We know that motion days in Florence County are on Wednesdays and that family court is held every Monday and Tuesday morning and Wednesday afternoon in Florence. Similarly, we know that the family court judges almost always have docket call on a Friday morning to confirm that lack of both parties at the trial or final hearing is recognized by the plaintiff so as to set the case for trial. Finally, we know that the court file is easily available by coming to the courthouse clerk rather than waiting on the file to be brought up from off site.
Likewise, we can, and do, appear at magistrate’s or municipal courts across about a half dozen different counties in five different judicial circuits on a daily basis. Likewise, our few probate and wills and estates lawyers often have even more court appearances in more counties that our family court lawyers.
Sources for Family Court Attorneys
Online directories, bar association referrals, and community recommendations are three key resources for anyone in need of a family court lawyer in Florence, SC. These resources provide valuable information about law firms, specific attorneys, practice areas, and client reviews.
Online Directories
Online directories provide a comprehensive list of local family law firms in Florence and surrounding areas. For example, a directory of Florence, SC family law attorneys is available at https://lawyers.findlaw.com/lawyer/firm/family-law/florence/south-carolina/family-law.
Bar Association Referrals
The SC Bar Reference Hotline is available to help residents of the state locate a local attorney for any legal issue . It is available Monday through Friday, from 9:00 a.m. to 5:00 p.m. Alternate sources of attorney referrals in Florence, SC include the SC Bar Lawyer Referral Service and 14th Circuit Lawyer Referral Service.
Community Recommendations
Word-of-mouth recommendations from family, friends, and coworkers are an invaluable source of information about the quality of legal counsel and representation within your community. Recommendations or referrals from relatives, colleagues, and friends who’ve been through a similar process serve as one of the best ways to find a reputable and reliable attorney.