Family Law

What is the court process in Family Court in South Carolina?

Common Questions and Concerns Answered Here

One of the most common questions that client's have is what is the process? This, undoubtedly, varies based on each family’s particular circumstance. However, when matter need to be addressed immediately a party can request an expedited hearing. Generally, the judge will grant the hearing within a week if, and only if, there is an emergency. If there is not an emergency, the court will grant a temporary hearing within a month or so, generally.

The temporary hearing will address the matters that need to be addressed on a temporary basis. The judge will issue an order. This order will most likely be called a temporary order. It is called temporary because it can be changed or modified if needed.
After the court issues a temporary order, the parties will participate in discovery. Discovery is where the parties will issue interrogatories, request for production, issue subpoenas, and take depositions of witness and parties.

After, or while discovery is being completed, one of the parties may request a pre-trial conference. Generally, the parties and the attorneys will appear in front of the judge and tell the judge the issues that need to be decided by the court/judge, and explain the estimated time that will be needed for the court to entertain the trial. The court will generally send the parties to mediation prior to the trial date in attempt to get the case resolved/settled. Mediation is where a licensed mediator will sit down with the parties to discuss the facts and circumstance, to see if the parties can reach an amicable agreement without having to go to trial. Mediation saves money, time, and stress.

If the mediation works, then the parties can request a brief hearing with the court to put the agreement on the record and get it made a court order. This takes about 20 minutes generally. Here, generally, the issues are made final and can not be changed or modified except by agreement or by a showing of a substantial/material change of circumstances.