Many family law matters come down to one of two options: either the parties involved are able to reach an agreement on their own terms, or the South Carolina family court must get involved. Even some cases that begin as highly contested disputes ultimately resolve themselves through negotiations and mutually beneficial agreements. But then on the other hand, some cases start out smoothly with all parties interested in collaborating, only to later spiral out of control and requiring an intervention of the court.
There is no way to tell how your particular family law case might proceed, but with the help of an experienced family law attorney, you’ll have the best chance of getting the best possible outcome based on the facts of your case regardless of which path your case takes.
Reaching an Agreement
Many people find that reaching an agreement and not relying on litigation to solve their family law issues is the best way to go. And if you and the party you are disputing with can work it out together, or with the help of a family law attorney, that’s great. By hashing out the details of your own agreement, there is a better chance that you will get at least part of what you want in the resolution agreement. In most family law matters, the mutually-agreed upon terms of the agreement that is fair to both parties can be converted into a court order (if approved by the family court; note that approval requires a hearing).
Working together to arrive at an agreement is also the most time-efficient means of getting your family law issues resolved as going through the court can take months, or even years. Also, when negotiating the terms of an agreement, you will have at least some control over the outcome of your negotiations, whereas if your case was before the family court, you may not get the result you were hoping for.
Family Law Litigation
When parties cannot agree, or even get along to a degree to have meaningful negotiations, then the parties may have to resort to the family court to resolve their disputes. This can be a lengthy, expensive process, but sometimes it is the only way to work through your family law issues. The family court typically resolves many issues, such as:
- Divorce settlements
- Divisions of assets and liabilities in accordance with the apportionment factors outlined in S.C. Code Ann. Section 20-3-620
- Child custody determinations based on the factors outlined in S.C. Code Ann. Section 63-15-240
- Child support determinations based on the South Carolina Child Support Guidelines
- Alimony determinations based on the factors outlined in S.C. Code Ann. Section 20-3-130
A Charleston Family Law Attorney Can Help
Whether you need to litigate your family law issues or you need assistance negotiating an agreement relating to family law matters, such as a divorce settlement or a child support or custody arrangement, you should reach out to a South Carolina family law attorney like those at McCoy & Stokes. Contact us today and see how we can help you.