Agreement

Are you considering a divorce or separation but want to avoid the stress, time, and expenses of a lengthy legal battle?

Do you want to work out custody, visitation, and child support issues without putting your children in the middle of court?

If you and your partner agree on the other issues involved in your divorce or separation, then a court approved agreement may be exactly what you are looking for.

We provide our clients with a smooth and cost-effective way to address legal issues without the expensive and long battle.

What is an Agreement?

An agreement is a legal process in which both parties agree on all issues. The agreement is written, addresses all the requirements of the Family Court, and is signed by the parties.

The parties have the right to read, review, and change the agreement until all of the terms read as you agree.

When you go to court, you are putting your life and future in the hands of a judge with limited knowledge of your best interest or the best interests of your child(ren).   By reaching an agreement, you both decide about your future and have the court approve it by making it an order.

What issues can be addressed in an Agreement?

Only the court can grant a divorce. An agreement can address the type of divorce or separation, as well as custody, child support, parenting time schedules, medical insurance, alimony, debts, and assets. 

How long does it take to get an Agreement approved by the Court in South Carolina?

​Once all the agreement is written and signed, it can take as little as three months from the filing date with the Family Court.

Court time is minimal, as it is only necessary for the approval by the court rather than a lengthy trial.

What are the separation requirements for an Agreement?

To obtain a divorce, you must be separated for one year or have grounds for divorce. The grounds for divorce are adultery, drug/alcohol abuse, or physical cruelty.

If you have not been separated for one year and do not have a ground for divorce, you can still have the agreement approved. You must live in separate homes and have lived separately before filing the paperwork with the court.

What if we are not married and have children?

Agreements for custody, parenting time schedules, child support, medical insurance, and other child-related issues can be addressed if you are never married or are already divorced.

Marriage does not affect your ability to have an agreement for your children.

What if we have an idea of a schedule for our children but need help? 

There are several options for parenting schedules. Our office can provide several options for you and your partner to consider when reaching your agreement.

Can you handle the the Agreement virtually? 

Consultations and meetings can be held via Zoom. Our office will send you a secure link to log into your private room. 

Signatures can be completed electronically and by mail.

What does the attorney need to draft the Agreement? 

You will receive paperwork for each of the issues of your case.  The paperwork will help you outline exactly what you and your partner have agreed upon. Once you complete the paperwork, the attorney will use the information you both provide to draft your agreement.

Financial information is necessary for dividing assets or debts, child support, and alimony, depending on what applies to your case. You may have to provide mortgage, retirement, credit card, or other financial statements.

In all cases, financial information is necessary. Regardless of the issues, a financial declaration is required by the court to approve your agreement. Our office will provide you will all of the required documents.    

How long does it take to draft an Agreement?  

Drafting time varies based on how quickly you provide the information necessary. Additionally, the time varies based on how long you and your partner will review the agreement once drafted, as well as any requested changes.

Our goal is to complete the process as quickly as possible to allow the parties to move forward. 

Do we still have to go to Court? 

Once the parties reach an agreement and the agreement is signed, the court must approve that agreement.

If you need a divorce, the Court must grant the divorce.   

You have the option of agreeing on an attorney to represent one party to have the agreement approved.  One attorney cannot represent all the parties. 

Do you take a retainer upfront and bill against that, or do you charge a flat fee?  

There is an initial consultation flat fee that is paid before the first meeting.  At the initial meeting, we will determine the number of issues of your case and what the projected costs are. 

A retainer for mediation is paid, and if you exceed that retainer, an additional hourly rate is charged. 

What does an Agreement cost?

The cost varies depending on the number of issues, the complexity of your case, and the amount of time necessary. 

Can the attorney provide legal advice to both sides?

Attorneys can give you information about state laws and local court procedures but cannot give legal advice to both parties. The attorney can only represent one of the parties.

The non-represented side always has the right to seek counsel from another attorney.

What happens if we do not have an Agreement?

If an agreement falls apart, the parties lose none of their rights to trial in Family Court.

You have the option of mediating your issues to continue to work towards an agreement.

The attorney cannot represent you in a contested case. The information you provided and any unused retainer fee will be returned to you.

Have questions or need assistance? Contact us.