FAMILY COURT PROCEEDINGS IN SOUTH CAROLINA DURING THE CORONAVIRUS

Our office has received numerous questions regarding family court proceedings in South Carolina during the coronavirus (COVID-19).  This includes current clients who may want an update on their case, and potential clients who wonder if its a good time to file a case. In this blog, I will go over several subjects that will help you understand how the Family Court of South Carolina is conducting business during this crisis.   

THE FAMILY COURT IS ESSENTIALLY OPEN…BUT MUCH SLOWER

First off, the Family Court is indeed open and conducting business. However, they are conducting business much more slowly and the Rules of Court have been temporarily changed.

If you file a case, it takes longer to get the paperwork back and to set up hearings. There are recommendations related to how long the virus can live on paper and so each filing is quarantined before it is filed and returned. Also, all bets are off if someone who works at the Courthouse tests positive. It has happened, and in those instances, it is hard to tell how much of a delay there will be.

If your case is already active then you may have to wait indefinitely depending on whether you and your opponent have an agreement. If you have an agreement, an attorney is able to generally get it approved by getting the agreement signed and notarized (along with other requirements as specified by the South Carolina Supreme Court). In fact, this process is probably simpler for the client even if it is more paperwork for the attorney. We can even do divorces with out attending Court which previously was not possible.

CONTESTED CASES

On the other hand, if you do not have an agreement with your opponent, your case could be on hold depending on the stage in your case. If you are still in the intial stages of your case and require a temporary hearing then those are still being held. However, you may be required to submit all information in writing to the Court and a decision is made outside of your precense. In other instances, you may have to appear via a video conferencing application. South Carolina is currently using Webex for this purpose.

TRIALS

If you are past the preliminary stages of your case (have already mediated and been unable to reach an agreement – click here for a timeline) and require a final trial, then your case is on hold until atleast August of 2020. That date is tenous depending on the spread of the coronavirus and has already been moved back several times. Also note that trials are scheduled months in advance and many other cases have now been backlogged. So, it could be awhile.

CONTEMPT OF COURT

Most Courts are refraining from hearing contempt cases. The reason being is that a contempt case can possible result in the incarceration of a litigant, and they do not wish to incarcerate people during this crisis. However, its possible to have a contempt hearing move forward in an instance where the case can be heard in a short amount of time.

GIVE US A CALL

If you have any questions about child custody, visitation, divorce or any Family Law matter, we urge you to contact us.  In order to be flexible and convenient, we have open office hours and easy appointment scheduling. Contact us today and schedule your confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.