Family Law
Because Your Family Matters to Us
Attorney Regina Ward is experienced in handling a variety of Family Court matters.
Family Court Matters
- Child Custody and Visitation
- Determination and Enforcement of Child Support
- Increase or Decrease of Child Support
- Contempt Actions for Violating Court Orders
- Paternity Determination
- Spousal Support
- Termination of Parental Rights
- Name Changes
- Emergency Actions
- Department of Social Services (DSS) Defense
Self-Representation Questions
Can I represent myself without a lawyer?
Everyone has the right to represent themselves in court proceedings but it is not always wise to do so. A person who represents themselves is called a pro se litigant and they are treated in the courtroom as though they have the same knowledge as an attorney. There are certain circumstances where self-representation is “safe” but you should never do it without first consulting with an attorney.
When is self-representation “safe” in divorce proceedings?
If you meet the criteria for a Simple Divorce then you are likely to be able to go forward without hiring an attorney to appear in court for you. There are other situations where you may “safely” go to court without a lawyer but you should first ask a lawyer to help you determine this. For example, if you have reached an agreement on all issues, reduced it to writing and it is properly signed by all parties, and you have already been separated for one year then you may be able to represent yourself but it requires some legal advice.
I meet the Simple Divorce criteria, how do I start?
You should make an appointment for a short consultation with an attorney to discuss your rights. The attorney can provide you with all the necessary forms or where to get the forms and give you advice on how to complete the paperwork and the process of filing the complaint.
Does Attorney Regina Ward help people represent themselves in court?
Attorney Regina Ward can help you determine if your case is “safe” for self-representation. She charges a nominal fee to consult with you about whether you should or should not represent yourself in court. If she determines that you can safely represent yourself, she will provide you with the forms, assist you in how to complete the paperwork, tell you “what you need to say” in court, and how to get a hearing date.
My spouse and I have agreed to everything but it is not in writing. Should we write something and notarize it?
If you have an oral agreement it should be put in writing. Attorney Ward can, for an additional fee, draft a custom agreement that suits your personal needs, includes additional recommended legal terms, and meets the criteria required by law to be enforceable.
If we just write the agreement and sign it, is that good enough?
While this is evidence of your agreement, it may not be enforceable in family court. Attorney Ward will also give you guidance on how to get the agreement approved by the court and thereby making it an enforceable Family Court Order. When an agreement is incorporated in an Order, the court has the power to find a non-complying party in contempt. The contempt powers of the court allow the judge to order the person in contempt to pay a fine, perform community service, and/or sentence the person to jail.
Divorce FAQ
What are the grounds for divorce in South Carolina?
There are four fault grounds for divorce: Adultery; Physical Abuse; Habitual Drunkenness/Drug Abuse; and desertion for one or more years. The State of South Carolina also provides for divorce on the no-fault ground of one-year continuous separation.
Are there different types of divorces? There are basically three types of divorces: Simple Divorce, Uncontested Divorce, and Contested Divorce
Simple Divorces are inexpensive because the parties do not have any minor children, have no marital property or debts to divide and they have already been separated for one or more years. In these circumstances, the parties can usually proceed without an attorney but should consult an attorney first to make sure they understand their rights and how to proceed.
Uncontested Divorces are less expensive than Contested Divorces because the parties have already made an agreement about who will have custody of the children, the visitation schedule, the division of marital property and debts, child and spousal support, and all other issues.
Contested Divorces are the most expensive because the parties cannot reach an agreement and must have a trial judge make the decisions for them. If the divorce is filed in Horry County, then the parties are required to attend mediation to first try to resolve the issues by agreement. If mediation fails on all or some of the issues, the unresolved issues are decided at trial. If mediation is successful and the parties reach an agreement then the divorce becomes uncontested.
What if I do not have any grounds for divorce but do not want to live with my spouse any longer?
Separate Maintenance and Support (commonly referred to as “Legal Separation”) is an action that is filed when the parties have not been separated for one or more years or do not have any grounds for divorce. Although the parties have no grounds for divorce or the parties do not want a divorce at the time, the issues of child custody and visitation, child and spousal support, use and possession of marital assets, responsibility for marital debts, and other issues may be resolved by agreement, mediation, or trial.
How will our property be divided?
The process is called Equitable Distribution and is the division of marital assets and debts. All assets and debts acquired during the marriage are presumed to be marital property. Non-marital property will generally be excluded from division but sometimes it may be included but this will depend upon various factors. The division of marital property can become a complex matter and you should always consult an attorney regarding questions about property in divorces.
Should I see a lawyer before we separate?
Absolutely! It is important to understand what your rights are so you are not taken advantage of or intimidated by your spouse.
Who pays for the divorce?
Generally you are responsible for your attorney fees in advance of representation but the court can order one spouse to pay the attorney fees of the other spouse under certain circumstances.
