Frequently Asked Questions
Nervous about your legal case? Review our frequently asked questions to feel more prepared. Contact us for specific advice regarding your case.
How is the Women's Law Center Different?
The Women's Law Center focuses on more than just your case. Our team is here to help you navigate your life during your case and prepare you for what may come after it. Choosing the Women's Law Center means more than just getting the best family lawyer in Greenville, South Carolina. It also means you get a team who can help guide you and support you through your legal journey. Our commitment to you and your case is what sets us apart from the competition.
What is a temporary hearing?
Except in the case of an emergency hearing, a temporary hearing is the first time that you get to present your case to a family court judge. The temporary hearing is one of the most difficult hearings for litigants and attorneys. At a temporary hearing, the court will
usually only address those issues involving custody, child support, alimony, possession of the marital home, possession of automobiles, and some allocation of debt. Testimony is not given, and we usually do not find out what the other side is alleging until we walk into the courtroom. Also, since only fifteen (15) minutes is usually scheduled for the hearing, it is impossible to present an entire case or to tell the judge everything you want him to know. The reason for this is that not all issues may not be
relevant at the temporary hearing. Each side is allotted half of the fifteen minutes. The court is also attempting to read each side’s affidavits and render an order. Of course, you can see the difficulty in trying to get all of this done in fifteen minutes. It is not uncommon for you to walk out of the courtroom and feel like not all of your case was presented.
What is an affidavit?
Affidavits are presented by both sides. Sometimes the court will only read the affidavits presented and not hear arguments by the attorneys. Therefore, it is very important that you have affidavits that deal with the issues before the court. In most cases, the court will only accept eight (8) pages of affidavits; therefore, it is important that all affidavits are concise and to the point. When gathering affidavits, consider asking a variety of connections from teachers to family to church members.
What is a Guardian ad Litem?
A Guardian ad Litem (GAL) is someone appointed by the court to represent a minor child in a custody case or other family court matter. A GAL is not necessary in most family court cases; however, most judges like a GAL to be appointed in order to assist the court in making a determination that would be in the best interest of the child. In order to be qualified to be a GAL, the person must either be an attorney or have taken an approved Guardian ad Litem class. Usually each party is responsible for the cost of the Guardian ad Litem.
What is mediation?
Mediation is a tool which is used to bring resolution to a court case without having to have a trial. Mediation is a great tool for resolving a case. Mediation usually occurs after the discovery process is completed; however, sometimes, depending
on the facts of your case, it can be held much sooner. There are several counties in the State of South Carolina where mediation is required if you have a case and are unable to resolve the issues. It is not uncommon for judges in the other counties where mediation is not required to order mediation. Most cases can be settled in mediation; in fact, approximately 80-85% cases are resolved in mediation. Mediation is not a trial. Usually no evidence is presented at mediation, nor are a lot of arguments made. Mediation is more of an informal meeting with both sides being present to see if the differences between them can be
What is discovery?
You will most likely hear your attorney and the judge use the word “discovery.” Discovery is the process whereby the attorneys gather information and use it to prepare your case. “Discovery” is
a blanket term that we use for such things like Interrogatories, Request for Production of Documents, Requests to Admit, Subpoenas, and Depositions. All of these tools are used by your attorney to gather information to help you with your case.