Family Law Mediation

Family Law Mediation 2017-11-15T19:07:05+00:00

Family Court Mediation

Mediation involves a third party mediator who meets with and assists couples in reaching an agreement regarding any domestic disputes they may be having. Many counties in South Carolina require mediation in any contested family court case, such as divorce, child custody, property division or alimony. Mediation is completely confidential and can’t be used against you in Court. The mediator’s role is not to decide what is best for the parties, but to facilitate discussion and dialog between the parties to help them work through the issues and hopefully reach an agreement.

Our Certified Mediator and Divorce Lawyer is there to listen and assist the parties in their decision making. However, the parties are the ones who decide what their agreement will be. Our Certified Mediator and Divorce Lawyer can meet with both parties in the same room or can travel back and forth between the parties, whichever the parties are most comfortable with. The amount of time that it takes to mediate a can depends on the parties comfort level and the issues involved.

We offer mediation services in family law matters including:

  • Divorce and legal separation
  • Division of marital property
  • Alimony
  • Child custody, support, and visitation

Working with our trained and Certified Family Court Mediator can be a more economical and amicable solution to resolve family law matters such as child custody, property division, and alimony. It’s always worth a try to consider mediation if you feel willing to compromise with your spouse to settle your legal disputes. Finding common ground with your spouse is the ultimate goal of mediation. Some reasonable give and take is necessary for mediation to work. It can be helpful for both parties to listen to the other’s point of view, especially if there are children or custody is an issue. As mediation can make the court process a lot less stressful and scary for any children involved, this alone can make mediation a more attractive alternative.

You get the benefit of the services of a Divorce Lawyer who is also a Mediator. We can put any agreement reached in writing to be used in court when you finalize your case. You are allowed to maintain more control than the Court will ever give you. One of the advantages of mediation is the satisfaction of agreeing to a settlement versus being told what you will be required to do.

Call 803-929-0577 today to see if we can help.

FAQs

You can get a divorced based on the following grounds:

  1. Adultery;
  2. Desertion for a period of one year;
  3. Physical cruelty;
  4. Habitual drunkenness including drug use; or
  5. One Year Separation or No Fault
The types of custody include sole custody, joint custody and split custody. The court’s goal is to do what is best for the children, despite the parents wishes. As a general rule, unless there is a major problem with one parents, courts will try to give both parties access to the children. The Court will consider many different factors in making a determination of custody, while keeping the child’s best interests in mind.
The process starts with the filing of a Summons and Complaint and serving those documents on your spouse. During a consultation, our Divorce Attorney will discuss this process in detail.

Child support is calculated based on the gross income of the parents, with consideration for support paid for other children, health insurance premiums for the children and work-related child care expenses using the Department of Social Services Child Support Calculator.

The types of alimony include:

  1. Periodic alimony, which is to terminate upon remarriage or continued cohabitation of the supported spouse or upon the death of either spouse and usually terminable and modifiable based upon changed circumstances occurring in the future.
  2. Lump-sum alimony, which is a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but usually not terminable or modifiable.
  3. Rehabilitative alimony, which is a finite sum to be paid in one installment or periodically, usually terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony.
  4. Reimbursement alimony to be paid in a set amount, paid in one installment or multiple installments, an terminated on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse, usually not terminable or modifiable based upon changed circumstances in the future.

Our divorce lawyer can help you determine if these factors might apply to your case.

In general, when making an award of alimony or separate maintenance and support, the Courts are supposed to consider many factors including length of the marriage; education and income of the parties; custody of the children, and marital fault. However, alimony is not intended to punish a spouse, and is not automatically granted because one person cheated or caused the marriage to break up.

One factor can be given more consideration than another factor. No one factor determines whether alimony is awarded. It is best to seek a legal opinion as to determine whether these factors apply to your case.

A uncontested divorce can take from 3 to 6 months and a contested divorce or contested case varies depending upon the complexity of the issues involved in your case. Many counties in South Carolina are mandatory mediation counties, which means contested cases are required to be mediated before a final hearing can be scheduled.