Court Process and Procedure Archives

October 23

Posted By: Guy Vitetta
Posted In: Court Process and Procedure
Date: October 23, 2019
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5 Things to include in all marital settlement agreements

Marital Separation Agreements are unlike any other kind of legal contract. Rather than bringing an end to a lawsuit, they establish the ground rules for the future, post separation, relationship and they must be drafted with that in mind. With and eye on the future, here are 5 things to always inclu...

June 18

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Divorce Law , Family Law , General Knowledge , Law Advice , Legal Advice
Tags: Charleston divorce lawyer
Date: June 18, 2018
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What should therapists do when they get a request to release their client’s mental health file to a divorce lawyer?

Therapists and others in the mental health community are often unsure what to do when confronted with a request for a client’s therapy records from a divorce lawyer. Here are a few practice pointers based on what I have learned over the years in this evolving area of law. First, how was the re...

June 22

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Divorce Law , General Knowledge , Law Advice
Tags: Family Court
Date: June 22, 2016
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Contempt In Family Court: What Does It Mean and What Should You Do?

Family Court Orders must be taken very seriously. The Family Court will enforce its orders and a person found to be in Contempt is subject to one year in jail, 300 hours of community service and/ or a fine of $1,500. Family Court Orders are often very detailed. They will set out specific visitation ...

July 14

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , General Knowledge
Tags: Default
Date: July 14, 2015
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What Is At Stake For A Person Who Is In Default Of A South Carolina Divorce Case

The word “default” has an ominous ring and a finding of default against a litigant can often be fatal. In Family Court, however, default is not nearly as draconian. Default is when one party to a lawsuit fails respond to an allegation in the time required by court rule. Default most often happen...

April 19

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Divorce Law , General Knowledge
Date: April 19, 2015
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Should You Consider Binding Arbitration In Your Divorce Case

Reaching a settlement in a routine divorce can be expensive. Going to trial in a divorce case can be financially prohibitive for all but the wealthy. Arbitration may be more affordable and better way to resolve a divorce for most people. Arbitration in a divorce case is when two people hire a neutr...

April 14

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , General Knowledge
Date: April 14, 2015
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Finding Relief From A Family Court Temporary Order

Family Court Temporary Hearings should not be taken lightly. Once an order has been issued, it is virtually impossible to change it prior to a final hearing without an agreement. I recently had a case where a judge issued an order after a Temporary Hearing awarding my client about 28% of husband&#...

April 12

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , General Knowledge
Date: April 12, 2015
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The Penalty For Failing To Pay Child Support

Child Support is one of the few, if only, issues in family court that is sacrosanct. It will always be ordered when appropriate and sanctions for non payment are severe. Recently a man in North Charleston was shot and killed by a police officer while he was fleeing to avoid being arrested on an outs...

March 01

Posted By: Guy Vitetta
Posted In: Court Process and Procedure , Family Law , General Knowledge
Date: March 1, 2015
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Reason Number 101 Why You Should Never Let A Family Court Judge Make A Decision About Your Family’s Future

Family Court Judges are the most powerful judges in South Carolina and their power is virtually unchecked. The harm that they commit, with the willing assistance of the trial lawyers, will often leave permanent scars on innocent families living in our communities. A Family Court Judge can give p...