Frequently Asked Questions

+ How do I choose an attorney to handle my family law matter in the Greenville, Spartanburg, Anderson, and the Upstate?

Finding yourself in a legal issue that directly impacts your family and your finances can be emotional and difficult. Choosing the best attorney to advocate on your behalf is important. You may wish to consult with a few attorneys before making your decision. Our attorneys not only want to make sure you feel confident in choosing us for your representation, but we need to ensure that we align with your goals and desired outcomes for your case as well.

+ What information should I provide during my initial consultation?

During your initial consultation, one of our attorneys will meet with you to review the specifics of your family law matter. Important helpful details that you could bring include as a list of your property and financial accounts and any debt accounts, as well as information related to the income and earning potential of both spouses.Try to organize your thoughts, concerns, and any specific questions that you want answered during your one hour consultation appointment. Our attorneys will walk through the process of what to expect with you to help you make an informed choice of representation.

+ We have an uncontested divorce and are in agreement on how to resolve everything. What is next?

While we can only represent one party in an action for divorce or separation, parties who have fully resolved the issues of their marriage prior to consultation with an attorney may be well ahead of the game. Our attorneys will still work with you to ensure that this is an informed and equitable decision before helping our client memorialize the agreement with the other party, file the necessary complaint and documentation with the court, and work our client through the uncontested divorce process to a timely resolution. While we still work on a retainer basis for most uncontested divorce and separation matters, having your issues fully resolved will lead to a much lower overall expense to get your action resolved. The specific retainer for all actions will be discussed in your consultation appointment.

+ What are the stages in a family law case?

While every family court case is unique, most family law matters follow a similar process to reach a final resolution. At any point in process, parties may fully resolve their case by agreement. However, depending on the facts of your case, the typical stages progress as follows: Initial consultation, Temporary Hearing, Discovery, Mediation, Final Hearing or Trial.

+ What should I wear to court?

We believe the courtroom is a place of professionalism and respect. Therefore, we ask our clients to uphold a high standard in both demeanor and attire. Appropriate suggestions for Men’s attire include a suit, pants with a blazer, or slacks and a button-down collared shirt at a minimum. Appropriate suggestions for Women’s attire include a suit, skirt or pants with conservative blouse or dress with sleeves. No open-toed shoes, no shorts, no sneakers or athletic attire, and no revealing clothing of any nature is recommended.

+ What is a Temporary Hearing?

A Temporary Hearing is one of the first times that your case and certain pressing issues may go before a judge for resolution. A Temporary Hearing is very important as the results may be your “new normal” for up to one year or longer until your case is resolved. A temporary hearing is designed to resolve “temporary issues” such as use and possession of your marital home and vehicles, who will pay certain bills, temporary spousal support determination, temporary child support determination, temporary custody and visitation schedules for minor children, appointment of a Guardian ad litem, and restrictions or restraining orders appropriate on a temporary basis.

+ What should I expect at a Temporary Hearing?

You and your attorney will prepare a packet, consisting of affidavits, evidence, and a completed financial declaration to present to the judge at the hearing. The judge will review packets from both sides, sometimes hear limited argument from attorneys or a pro se party, and then rule on the Temporary Order. A temporary hearing is not an evidentiary hearing, and therefore, no witnesses will be called to the stand and clients often do not speak at this hearing. A well-prepared packet is of utmost importance in helping the judge review vital information to your case.

+ What is Discovery?

Discovery is the process of gathering information relevant to resolve the contested issues in your case. This can take place through formal or informal requests and the scope of discovery is particular to each case. You and your attorney will work together to determine what information you need in this stage.

+ What is mediation?

Family court mediation is required in every contested family law case. Mediation is a chance for the parties and their attorneys, with the assistance of an experienced mediator, to resolve the issues in their case by agreement. Reaching an agreement allows the parties to prevent the necessity of going to a contested trial to have the court decide their case.

+ What is a Guardian Ad Litem?

A Guardian ad litem is an individual appointed either by consent of the parties or by the court to represent the best interest of minor children in a custody or divorce action. The Guardian’s role is to interview the parents, other witnesses, and the children to assist in informing the court about the facts of the case.

+ What is a Final Hearing?

A final hearing is either contested or uncontested. If you reach a full agreement to resolve the issues of your case, the final hearing will consist of limited testimony on the record to confirm the terms of the agreement and the ability of the parties to comply. The judge will review the overall fairness of the agreement and make a ruling to accept the terms of the agreement and make them a part of a final order. If the issues of your case are unresolved at a final hearing, your case is then an evidentiary trial on the merits. Both sides will have the ability to call witnesses and present evidence seeking to assist the court in making a final determination in their final order.