 When You Need a Divorce or Have Custody Issues, The Law Offices Of Andrew B. Farley, LLC can Help.
Going through a divorce is probably one of the most difficult areas of the law. It is a myriad of different statutes, pleadings and requirements. How can you you be sure you have the right papers in the right form?
At The Law Offices of Andrew B. Farley, LLC, we are here to help you navigate the difficult court proceedings to ensure you get the result you need . We know how stressful this time can be, and we want to make you as educated about the legal process and your rights in family court. Make an appointment now and let us help you through the family court system.
To discuss your divorce-related legal concerns, contact the Law Offices of Andrew B. Farley, LLC by telephone at 803-807-2535.
We are familiar with the law and can guide you through all of the issues that can arise in Family court:
- Child Custody, Support and Visitation
- Property Division
- Temporary Hearings
- No-fault, and Fault-based Divorce
- Spousal Support/ Alimony/ Separate Support and Maintenance
- Post Divorce Matters
- QDRO Orders
- Enforcement of Orders
- Child Support Reductions
- Rules to Show Cause
- DSS (Department of Social Services) Actions
To discuss your divorce-related legal concerns, contact the Law Offices of Andrew B. Farley, LLC by telephone at 803-359-0428 begin_of_the_skype_highlighting 803-359-0428 end_of_the_skype_highlighting or complete a short online questionnaire. Choosing a qualified family lawyer is the first step in resolving these often complex issues.
The Grounds for Divorce in South Carolina Fall into Two Catagories:
No-fault and At-fault.
The State requires a married couple to live apart for more than one year prior to filing for a no-fault divorce. However, a temporary hearing may be filed prior to the one year mark in order to work through any issues such as property division, child custody issues, visitation, and asset division. Often the temporary hearing will be the crucial point in determining the outcome of the divorce so it is important to have effective legal representation.
Grounds for an at-fault divorce include adultery, habitual drunkenness and/or drug abuse, physical cruelty or desertion (one year requirement).
Property division in marriage dissolution cases, South Carolina governs property division through a system of equitable distribution. If the divorcing couple cannot come to an agreement, assets and liabilities acquired during the marriage will be divided as the court dictates. The distribution is based upon several factors, such as each spouse's monetary contributions and earning potential. This division of property may require selling the marital home and dividing retirement funds.
Child Custody, Visitation and Support
When determining issues of child custody, visitation and support, the focus should always be in the best interests of your child. Any co-parenting agreement must detail who will be the primary physical custodian, as well as how costs for child care, education and health insurance will be paid. Additionally, responsibilities for extracurricular activities and visitation schedules must be clearly defined.
Aside from drafting custody and visitation agreements, Andrew Farley also handles custody battles. These usually arise when allegations of unfit parenting are made against one or both parents by other relatives or even the Department of Social Services.
At the Law Offices of Andrew B. Farley, LLC, we understand the issues and emotions surrounding divorce. Let our experience put your mind at ease. We can represent your interests and protect your rights.
Divorce in South Carolina
You must have a connection with South Carolina in order to get divorced in South Carolina. Only one of the following conditions must be met: (1) You must be a S.C. resident: or, (2) Your spouse must be a S.C. resident; or, (3) Both you and your spouse presently live in South Carolina. If any of the above conditions applies to you, then you may file for divorce in one of the Family Courts in South Carolina.
A Family Court Judge is the only person with the ability to grant a divorce. Before you can go in front of a Family Court Judge and ask for a divorce you must be a resident of South Carolina. If you live in South Carolina, but your spouse does not, you must be a resident of South Carolina for one year before you can be divorced. However, if your spouse has lived in South Carolina for one year, you can be divorced in South Carolina, even if you live in another state. If you and your spouse have both been living in South Carolina for at least three months, you can be divorced in this state. There are Family Courts in every county in South Carolina. A divorce complaint must be filed in either: (1) the county where your spouse lives, (2) the county where you live (if your spouse lives out-of-state), or (3) the county where you and your spouse last lived together.
In South Carolina there are five grounds for divorce:
(1) adultery,
(2) physical cruelty, (3) habitual drunkenness, (4) desertion, and (5) living separate and apart without cohabitation for a period of one year.
Unlike some other states, South Carolina does not recognize "mental cruelty" or "irreconcilable differences" as grounds for divorce. The first four grounds (adultery, physical cruelty, habitual drunkenness and desertion) are known as fault grounds for divorce. The last ground (living separate and apart without cohabitation for a period of one year) is the only no-fault ground for divorce.
An "at-fault-divorce" can be a accomplished quickly. A divorce may be granted as soon as three months after you file in Family Court, if the divorce is granted for adultery, physical cruelty or habitual drunkenness. The Family Court may hear an initial hearing in a divorce case based on adultery, habitual drunkenness, or physical cruelty, even if you and your spouse are still living in the same house. In such cases, the Judge will decide which of you will have to leave the house. You cannot file for a no fault divorce if you are still living with your spouse.
Adultery
The Law defines "adultery" as "the illicit intercourse between two persons, one of whom, at least, is married." In South Carolina, you can be divorced if your spouse has committed adultery. It can be difficult to prove adultery if your spouse will not admit to it. Illicit intercourse does not require the normal act of sexual intercourse between a man and a woman. Proof of sexual intimacy is enough to support a finding of adultery. Most adultery cases are to be proven by circumstantial evidence, because the parties do not have to be caught in the act. The level of proof must be opportunity and inclination.
Circumstantial evidence can include things such as love letters, romantic cards, hand-holding, hugging, kissing, or any other romantic demonstrations or actions between the two. Because adultery, by its very nature, is an activity which takes place in private, it may be (and usually is) proved by circumstantial evidence.
A divorce can be granted in South Carolina on the ground of adultery where one spouse is involved in a homosexual relationship.
Physical Cruelty
The law defines physical cruelty as "actual personal violence, or such a course of physical treatment as endangers life, limb, or health, and renders cohabitation unsafe." The family court wants to see continued acts of personal violence producing physical pain or bodily injury and a fear of continued abuse before a divorce is granted on the grounds of physical cruelty. A single act of violence is can be enough to get a divorce based on physical cruelty
Habitual Drunkenness
A divorce can be granted if your spouse is an Habitual Drunk or an Habitual drug abuser. In order to prove habitual drunkenness, there must be a showing that the abuse of alcohol (or drugs) caused the breakdown of the marriage and that the abuse existed at or near the time of filing for divorce.
Desertion
A spouse must be must have deserted the marital home for a year before this is available.
No Fault
In order to obtain a "No Fault Divorce" you have to show the Family Court Judge that you and your spouse have been "living separate and apart without cohabitation for a period of one year."
Both parties must be aware of the fact of the one year separation before a no fault divorce can be granted. You cannot get a no fault divorce if your spouse is away from the home because he or she is serving in the military. The parties cannot live together while attaining a no fault divorce.
In South Carolina, there is no such thing as a Legal Separation. I this state we have an Order of Separate Maintenance and Support. This order will temporarily set up the conditions between the parties until a divorce is available by statute.
A Divorce Decree and an Order of Separate Maintenance and Support share many similarities and a few important differences. An Order of Separate Maintenance and Support is just as final and just as permanent as a Divorce Decree concerning property issues. Once the judge signs the order, neither spouse can be forced to give marital property that has been divided back to the other spouse. An Order of Separate Maintenance and Support will generally address all of the same issues as a Divorce Decree, except for the issue of divorce. However, after an Order of Separate Maintenance and Support is signed by a judge, a divorce can be obtained after one year’s continuous separation.
If you and your spouse reconcile, ongoing child support and alimony payments should end. However, property that was divided, remains divided, until you and your spouse do something to place it back into joint title.
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South Carolina law defines marital property as all property which has been acquired by you and your spouse during the marriage and which is still in existence on the day you the divorce papers are filed. Property that is acquired after divorce papers are filed will not be considered marital property. The house owned by you and your spouse, your 401(k), your spouse’s I.R.A., Could all be considered marital property.
Equitable Division is separation of marital assets. The law says that the Family Court is supposed to, as fairly as possible, divide and distribute all marital property you and your spouse have accumulated during your marriage.
The law regards marriage as an economic partnership. When you and your spouse get a divorce, the Family Court Judge will attempt to divide and distribute the marital property in a manner which fairly reflects each spouse’s contribution to the acquisition of the marital property, regardless of which spouse owns legal title.
The Judge will also separate all joint interests in the marital property as cleanly as possible. The goal of the Family Court Judge is to resolve all marital property issues so that issues do not continue after the divorce.
There are four steps used by the Family Court Judges in dividing marital property: (1) Identification of the marital property to be divided;
(2) Determine the fair market value of the property;
(3) Calculate the percentage each spouse contributed to the acquisition of the marital property; and,
(4) division of the marital property.
The Family Court has the power to divide property regardless of who has title. If your spouse has titled everything in his or her own name, the Judge has the power to "re-title" it if necessary. Even if your spouse refuses to sign a title or deed, the Family Court has the power to issue a new title or deed without your spouse’s signature. If your spouse titled some land in "Mama’s" name, the Judge has the power to remove the property from any other person’s name. The Family Court can then "re-title" the property and divide it between you and your spouse. As we previously said, marital property is all property accumulated by you and your spouse during the marriage. However, there is property that you can own that is NOT considered marital property. Any non-marital property that you have at the time of the divorce will NOT be divided between you and your spouse. Gifts and inheritance are NOT marital property. If you inherited money or property during your marriage, it may be non-marital property. If it is non-marital property, then you will not have to share it with your spouse. Property that was given to you as a gift may also be non-marital property. Gifts and inheritances from somebody other than your spouse are non-marital property. However, gifts from your spouse are marital property. There are many exceptions to this general rule. Please talk to an attorney if you have any questions about whether or not your property is non-marital.
Property acquired before marriage is NOT marital property. Also, property acquired after divorce papers have been filed may also be non-marital property. An engagement ring is non-marital property because it was acquired before the marriage. If you want to buy a house or acquire other property after divorce papers have been filed, be sure to seek legal advice before doing so.
The portion of your retirement that you accumulated during your marriage is marital property. The portion of your retirement that you accumulated before you married your spouse is non-marital property. The Judge will divide the marital property portion of your retirement and your spouse’s retirement. Civil service retirement and military retirement benefits are also marital assets that will be divided by the Judge. Social Security Benefits are non-marital property, and cannot be divided by the Family Court. You and your spouse will each receive the same amount of Social Security benefits regardless of whether or not you are divorced or remain married.
After marital property is identified, it must be valued. Fair market value must be determined for all marital property. Houses and real estate will need to be appraised by a professional appraiser. A business owned by you or your spouse must also be valued. An accountant or other professional may have to be employed by your lawyer to determine the value of a business. Retirement benefits are valued in different ways by the Judge, but a value can be given to any type of retirement benefit.
The Judge will consider all relevant factors before deciding the percentage of marital property each spouse will receive. The law says that the Judge must consider 15 specific factors:
(1) Duration of the Marriage. In order to decide the percentage of marital property each spouse will receive, the Judge will take into consideration the length of the marriage. The Judge also considers your age and your spouse’s age at the time of the marriage and at the time of the divorce. Many times, a long marriage (20 years or more) will result in a 50/50 division of marital property. However, there is no "magic" number of years you have to be married before the Judge will automatically divide the marital property 50/50.
(2) Marital Misconduct or Fault. The law allows the Judge to take into consideration whether or not your spouse was "at fault" for the break-up of your marriage. Marital fault does not justify a severe penalty in the division of marital property. Marital fault is only one factor the court is required to consider in determining the division of marital property.
(3) Contributions of the Parties. In making a decision regarding the division of property, the Judge will consider your contribution to the acquisition of marital property and your spouse’s contribution. This is a very important factor. There are two types of contributions: direct contributions and indirect contributions. Actual money earned during the marriage is an example of a direct contribution. Staying Being a housewife while your spouse works is an example of an indirect contribution.
(4) Income of Each Spouse. The Family Court will also consider your income, your earning potential, and your opportunity for future acquisition of capital assets. If one spouse is capable of earning more money than the other spouse, the Judge may take this into consideration when dividing marital property.
(5) Health of Each Spouse. Physical health and emotional health of both you and your spouse are factors in the division of marital property.
(6) Need for Training and Education. The Judge has the power to consider your need for additional training or education, before the Family Court makes the final division of marital property.
(7) Non-marital Property of Each Spouse. The Family Court may take into consideration the amount (if any) of non-marital property in your possession before dividing the marital property. In an actual Family Court case, one spouse had a pension that was non-marital property. The other spouse had no non-marital property. The spouse with no non-marital property was allowed to keep some extra marital property in order to pay for education.
(8) Retirement Benefits. Your retirement will be taken into consideration before marital property is divided.
(9) Existence of Spousal Support Award. Whether or not you or your spouse will receive alimony is a factor to be considered.
(10) Use of the Marital Home. If you or your spouse is awarded the marital home to take care of children, then the Judge may take that fact into consideration when dividing the remaining marital property. In fact, the Family Court has the authority to permit the custodial parent to continue living in the marital home (while still jointly titled) for a period of time so that the children will not be without a home. Usually the Judge will immediately award the marital home to one spouse or order that it be sold and the proceeds divided. It is rare for a Judge to make such an order, but it is possible.
(11) Tax Consequences. Before making a final division of marital property, the Judge must consider the tax consequences to you and your spouse as a result of the division of marital property.
(12) Support Obligations. The judge is also supposed to consider the support obligations that either spouse may have from a prior marriage.
(13) Encumbrances on the Property and Other Debts. Not only is property divided, but the Family Court will also divide debts. The Judge will also consider any liens that are attached to any particular item of marital property.
(14) Child Custody Obligations. The Judge will consider child custody arrangements and obligations at the time of the order.
(15) Other Factors. Finally, the Family Court Judge is allowed to consider any other relevant factors that would contribute to a fair division of marital property.
The Judge can use any reasonable method to divide marital property. Generally, the goal of the Judge is to sever all joint interests in the property as completely as possible. All issues between you and your spouse should be resolved at the end of the case.
The Family Court has the power to order that marital property be sold and the proceeds divided in order to achieve a fair division of marital property. The Judge can also distribute between you and your spouse the actual items of marital property. This is called an "in-kind" distribution. In South Carolina, an in-kind distribution, where feasible, is preferred over a sale of marital property. In an actual Family Court case, the Judge gave the husband the marital home, the marital business, one car and his jewelry. He gave the wife the other car and her jewelry. He then ordered the household goods sold at public auction because the husband and the wife had not been able to agree on values or a method of distribution. He finally ordered the husband to make up the difference to the wife in cash.
There are several ways to divide retirement accounts. One way is to allow one spouse to keep his or her retirement and award the other spouse other assets of marital property. However, this only works if there are enough marital assets to "go around." If the actual retirement account itself has to be divided, the Family Court will issue a special order called a Qualified Domestic Relations Order.
There are several types of retirements. A pension is a promise by a company to pay a certain amount of money each month to the retired employee. The pension stops after the retired employee dies. If your spouse has a pension, then you will not get "your share" until your spouse is eligible to begin receiving his or her pension payments.
Another type of retirement is a 401(k) or an Individual Retirement Account (I.R.A.). This type of retirement account has actual funds presently available in an account. If the Judge divides a 401(k), then you will actually receive your share of your spouse’s 401(k) at the time of the divorce. You must then "rollover" your share into your own I.R.A. If you don’t, you will have to pay severe penalties to the I.R.S.
There are additional special rules for dividing the retirements of state and federal employees as well as military service members. Be sure that your attorney has experience handling the division of these types of retirements.
Alimony
Alimony is a substitute for the support which a spouse normally receives as a result of the marital relationship. The reason that alimony is awarded: "The Family Court Judge places the supported spouse in the position of support the spouse enjoyed during the marriage. Alimony is typically ordered to be paid in monthly payments. Sometimes it is awarded as a lump sum. It may also be awarded as permanent support or as temporary support.
Alimony is a sum of money that one spouse is ordered to pay for the support of the other spouse in a divorce case. Alimony cannot be awarded after you are divorced. Alimony must be addressed when you file for divorce or when you file for separation. After the divorce is final, it is too late to ask for alimony. Different types of alimony in South Carolina
Permanent Periodic Alimony. This is the type of alimony that is most likely to be awarded by the Family Court in South Carolina. If, for example, you are the wife and the court awards you "permanent periodic alimony" in the amount of $1,000.00 per month, then your husband will be under a court order to pay you $1,000.00 per month until: (1) you die; or (2) he dies; or (3) you re-marry; or (4) you live with someone in a romantic relationship.
The three most significant factors that enter into the Family Court Judge's decision regarding alimony are: (1) the duration of the marriage, (2) the overall financial situation of the parties (especially the ability of the supporting spouse to pay), and (3) whether either spouse was more at fault than the other.
Lump Sum Alimony. A one time payment to the other party.
Rehabilitative Alimony. Alimony that is paid for a period of time, usually to allow the supported spouse "to get back on her feet" or to "get an education."
Reimbursement Alimony.
This type of alimony can be used to compensate one spouse for contributions to the professional degree of the other. In other words, if a wife works to help put her husband through medical school, the Family Court can order that the husband "reimburse" his wife. Separate Support and Maintenance. This is the term used by the court to describe alimony that is paid before the parties are divorced.
No alimony for a spouse who commits adultery. The law in South Carolina states that no alimony may be awarded to a spouse who commits adultery before: (1) the formal signing of a written property or marital settlement agreement, or (2) the signing of a Final Separation Order. The law lists at least thirteen factors that the judge must consider in awarding alimony. Each of these factors must be individually considered by the judge.
The duration of the marriage. If the marriage was a long one, one spouse has a better career opportunity than the other, and the party with the higher earning ability is at fault, periodic alimony will almost always be awarded. On the other hand, if the marriage was brief, the parties have relatively equal earning abilities, and neither party was more at fault than the other, no alimony should be awarded.
Physical and emotional condition. The law requires the judge to consider and give appropriate weight to the physical and emotional condition of each spouse. A spouse with physical and/or emotional health issues is more likely to receive alimony.
Educational background. The law also states that in making an award of alimony, the Family Court must consider and give appropriate weight to the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse s income potential.
Employment history and earning potential. The judge must also consider and give appropriate weight to "the employment history and earning potential of each spouse."
Standard of living during the marriage. The court must consider and give appropriate weight to "the standard of living established during the marriage." Earnings. The Family Court must consider and give appropriate weight to "the current and reasonably anticipated earnings of both spouses" in making an award of alimony. This factor and others related to the assets and earning capacities of the parties are likely to be an important aspect of the judge's decision-making process in deciding whether or not to award alimony. If both parties are already equally capable of supporting themselves, there is no need for alimony.
Expenses and needs. The judge must consider and give appropriate weight to "the current and reasonably anticipated expenses and needs of both spouses."
Marital and non-marital properties. The court must consider and give appropriate weight to "the marital and non-marital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action." The Family Court judge has to consider how the property accumulated during the marriage was divided before an award of alimony can be made.
Custody of the children. In making an award of alimony, the judge must consider and give appropriate weight to "custody of the children." Alimony may be awarded above and beyond child support, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature.
Marital misconduct or fault. The judge is also required to consider and give appropriate weight to the marital misconduct or fault of either or both parties. The judge has to decide whether or not the misconduct affects or has affected the economic circumstances of the parties, or whether it contributed to the breakup of the marriage. This is the one factor that may seem to be the most unfair, but, regardless of whether or not it is fair, it is the law in South Carolina.
Tax consequences. The Family Court must also consider and give appropriate weight to the tax consequences of each party as a result of the particular type and amount of alimony awarded.
Other support obligations. In making an award of alimony, the judge must consider and give appropriate weight to "the existence and extent of any support obligation from a prior marriage or for any other reason of either party." In other words, the court has to consider if a spouse is already paying child support or alimony from a previous marriage. Even though the court is supposed to consider this factor, it is very common and routine for a spouse to be ordered to pay alimony, even though he is already paying alimony to a former spouse.
If a valid court order exists, a person who is obligated to pay alimony can be held in contempt of court for not paying the required amount on time. If alimony is not paid, the court can put the offender in prison for up to one year.
Child Custody
The best interest of the child standard is the standard used by family courts. South Carolina Family Courts utilize the principle that the best interest of the child is the controlling factor in custody cases. The law states that determining what is best for the child involves a consideration of all of the circumstances of the particular case. A Judge will consider anything that might relate to the fitness of a parent or the best interests of a child. Any one factor is never determinative of the outcome. In determining custody, the Family Court Judge must consider the character, fitness, attitude, and inclinations on the part of each parent as they impact the children. Because all relevant factors must be taken into consideration, the court will review the psychological, physical, environmental, spiritual, educational, medical, family, emotional and recreational aspects of each child s life.
Fitness of Parents. The relative fitness of parents is an important issue in custody litigation. If one parent is more fit than the other, most trial judges will quite reasonably decide that the best interests of their children is served by awarding custody to the parent who is the most fit to raise them. If one parent is considered unfit to raise children and the other parent is fit, custody will obviously go to the fit parent. Some examples of unfitness are: drug abuse, habitual drunkenness, emotional instability, current psychiatric care, and attempted suicide.
Immoral Conduct. Immoral conduct has always been a significant factor in determining custody in South Carolina.
Domestic Violence. By law, the Family Court is specifically directed to consider evidence of domestic violence in making child custody decisions.
Financial Resources. Superior financial ability and a network of support available to a parent can be a very important factor considered by a Judge when awarding custody. Home Environment. The ability to provide a stable and consistent home environment is an important factor.
Education. The education of a parent is a legitimate factor to consider. A Judge awarded custody to a mother who had a degree in elementary education and eighteen hours of graduate study in early childhood development. She was also employed as a sixth grade teacher. Time Available for the Children. The amount of time a parent has to spend with the children has frequently been a consideration. In situations in which there is a notable distinction between the parties in the amount of time they will be able to devote to being with the children, a clear advantage appears to lie with the parent able to spend more time with the child.
Guardian ad litem. In a private custody dispute, a "Guardian ad litem" is appointed to function as a representative of the court to assist it in protecting the best interests of the child. Usually the Guardian is a lawyer. The Guardian does not decide custody. Only a Judge can decide custody. The Guardian is supposed to aid the court. Guardians are regulated by law.
Experts. Testimony by health care professionals, such as psychiatrists and psychologists, frequently influences custody decisions.
Children's Preferences. The Judge is required to consider the child s preference for custody. The court will place weight upon the preference based on the child's age, experience, maturity, judgment, and ability to express a preference. The older and more mature a child is, the greater weight a Judge will give the child's preference, and the younger and less mature a child is, the less weight a Judge will give the child's preference.
Name Change: Changing your child's name can only be done by an Order of the Family Court. The process is not very difficult for a Family Law Attorney, but it is rather "technical" and usually a lawyer is needed to make sure that all the necessary steps are followed and everything is done correctly.
You must be the parent of the child in order to ask for the child's name to be changed. A Name Change Petition must be filed in the child's county of residence. A Guardian ad Litem then be appointed by the court. If the parents are separated or divorced, the child's other natural parent must be given notice of the name change hearing. The court will not allow a child's name to be changed, if the reason for the name change is to alienate the child from one of the parents.
ADOPTION
Persons looking to adopt a child have many options. Adoption agencies may be useful. Many parents have found a child by first becoming foster parents.
Any interested person can file a Custody Action and ask for custody. Most parent vs. non-parent custody battles are fought between grandparents and parents, but even someone not related to you or the child can ask the Family Court for custody of a child under the right circumstances. The law says that in a custody dispute between a parent and a non-parent, once the natural parent is deemed fit, the issue of custody is decided. Biological parents who are fighting each other for custody begin the battle as equals in the eyes of the law, but this is not the case if the battle is between a biological parent and anyone else. The rights of a parent are superior to any other person in a custody dispute. The only way a non-parent can win custody over a parent is by proving to the Judge that the biological parents are unfit for custody. In order to go back to court and regain custody after you have lost custody in a previous final court hearing, you must show the Judge that circumstances affecting the children have substantially changed. The Family Court has to power to change custody, even after a final divorce or a final custody hearing. However, there must be substantial reasons for asking for a change of custody. The most important consideration is whether transferring custody would be in the best interests of the child.
Most attorneys charge hourly for divorce cases. "Costs" are not included. A retainer is a down payment on an attorney’s fee which is requested first. After the retainer is exhausted the attorney will then send the client a monthly invoice detailing the current amount due as related to actual hours spent working on the case. There is also a charge for stamps, copies, phone calls and mileage. The staff can also bill time at a reduced hourly rate. All this information is in writing; being detailed in the Fee Agreement.
Most attorneys will require that the retainer fee be paid before any work is performed on your case. The first steps of a Family Court case includes: filing the law suit, serving papers on your spouse, preparing for a Temporary Hearing, going to court for a "Temporary Hearing," and obtaining a "Temporary Order". The lawyer has to pay a filing fee at the courthouse ($175.00), and a process server has to be paid to serve the papers ($50.00 or more).
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