Lawyers, Answer Questions  & Get Points Log In

Questions Answered by David A. Wilson

1 Answer | Asked in Family Law for South Carolina on

Q: Is there a time frame for Orders to be submitted to the Judge after a hearing in South Carolina Family Court?

Please indicate which laws and/or rules that apply, so that I can research them. Also, what are the provisions for a Proposed Order being submitted, and is there a time frame in which opposing counsel has to review the Proposed Order? To elaborate, it has been months since a temporary hearing in... Read more »

David A. Wilson answered on Mar 7, 2016

There is no statute or statewide rule regarding the time frame for submitting a proposed order. Although some judicial circuits have rules, it is essentially up to the Judge. In my experience, most Judges request proposed Temporary Orders within 10 days.

This response is for informational...
Read more »

1 Answer | Asked in Divorce for South Carolina on

Q: husband ordered to pay wife's attny. wife already paid attorney. what assurance does wife have to b reimbursed by attny?

If husband pays attorney and attorney doesnt keep good records, what ensures wife will b reimbursed?

David A. Wilson answered on Feb 28, 2016

Interesting question. The ethical rules in South Carolina would prohibit the attorney from keeping fees in excess of the amount earned. If there is a dispute between you and your lawyer, contact the SC Supreme Court and tell them you have a fee dispute. They will assist you with the necessary... Read more »

1 Answer | Asked in Divorce for South Carolina on

Q: Is my husband of 14 years responsible to pay child support for his non biological daughter that he raised for 7 years?

I conceived my daughter during a 5 year separation and reconciled with my husband when i was 7 months pregnant. Now he wants a divorce and doesnt want to support her.

David A. Wilson answered on Feb 28, 2016

He is not legally responsible unless he adopted her.

1 Answer | Asked in Divorce for South Carolina on

Q: How to get permission to move out of state with my child when I'm divorced and have primary custody in Greenville SC.

David A. Wilson answered on Feb 28, 2016

It depends on the language contained in the order granting you custody. Typically, if your relocation will change the visitation for the other parent (which it almost certainly will), you should file an action to modify the visitation provisions based upon a substantial change in circumstances.... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on

Q: In SC if I file an order of separation and maintenance, can I still file at fault divorce for adultery afterwards?

Note: nothing has been filed yet. The adultery has already happened.

David A. Wilson answered on Feb 28, 2016

Your question is a little confusing. If nothing has been filed then yes you may sue for adultery. If you filed a Complaint asking for Separate Maintenance, you can amend and ask for a divorce based on adultery.

2 Answers | Asked in Family Law for South Carolina on

Q: Can the mother of a child go to jail for numerous cuts of contempt of court order?

My husband has the mother of his child refusing to see his child when there is a court order. She is also court order to have the child skype and call everyday. But she tends to always make excuses for the child not calling. Also she is also court order to add my husband on the school records so he... Read more »

David A. Wilson answered on Mar 3, 2016

A person may be held in civil contempt for willfully violating a clear and unambiguous mandate in a court order. In SC, some of the the possible sanctions for contempt are imprisonment, fines and/or community service.

View More Answers

2 Answers | Asked in Family Law for South Carolina on

Q: is my wife entitled to an inheritance I received after she left me as we are getting a divorce

David A. Wilson answered on Feb 28, 2016

Typically, one spouse's inherited property is NOT marital property but there are certain situations when nonmarital property may be "transmuted" into marital property. These issues are very fact-specific and cannot be answered without more details.

View More Answers

2 Answers | Asked in Family Law for South Carolina on

Q: Im filing for divorce. Why did my attorney include exes boyfriend as defendant

David A. Wilson answered on Mar 3, 2016

That is not common but it may be appropriate if your ex-wife's boyfriend owns property that may be considered marital property.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.