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?
Do you want to divide your property, assets, and debts, or have someone else tell you how you have to do it?
If you and your partner agree on the issues involved in your divorce or separation, then an agreement that you have approved by the court may be exactly what you are looking for.
We provide our clients with a smooth, cost-effective way to address legal issues without the long, expensive battle.
What is an Agreement?
An agreement is a legal process in which both parties agree on all issues. When you reach an agreement, all the terms written out. All the requirements of the Family Court will be included in the document, and signed by the parties.
The parties have the right to read, review, and change the document 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. The judge has 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?
It can take as little as three months from the date of filing with the Family Court once you have an agreement in writing.
Court time is minimal because it is only necessary for the court to issue an approval and, if married, grant a divorce, rather than a lengthy trial.
What are the separation requirements for an Agreement?
To obtain a divorce, you must live separate and apart for one year or have grounds for divorce. The grounds for divorce are adultery, drug and/or alcohol abuse, or physical cruelty.
You can still address all the other issues if your separation is less than one year, or if you do not have a valid ground for divorce. However, you must live in separate homes before filing the paperwork with the court.
What if we are not married and have children?
You can be married, not married, or already divorced. You can still address issues relating to children.
If you already have a court order, child issues, such as visitation, parenting time, and child support, can change.
There has to be a substantial change in circumstances, not just that someone does not like things the way they are.
Married or not, that does not affect your ability to work together to establish a plan 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.
If we agree on custody and the children’s schedule, do we still need a Guardian ad Litem?
You do not need a Guardian ad Litem if you agree.
However, a Guardian ad Litem is necessary if you want to change a child’s name.
A Guardian ad Litem is necessary if you are currently married and have a child with someone else during marriage.
The costs for a Guardian ad Litem in these cases is substantially less than a contested case Guardian ad Litem.
Can you handle the Agreement virtually / online?
Consultations and meetings can be held via Zoom. Our office will send you a secure link to log into your private room.
We can obtain your signatures electronically and by mail. However, electronic signatures are preferred over mail to save time and money.
There is no additional charge for electronic signatures. You can sign from your phone, tablet, or desktop computer.
What does the attorney need to draft the Agreement?
You will receive paperwork for each issue in 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 the document for your review.
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, the family court requires a financial declaration to approve your agreement. Our office will provide you with all of the required documents.
How long does it take to draft an Agreement?
Drafting time varies depending on how quickly you provide the necessary information. Additionally, the time varies based on how long you and your partner review the agreement once drafted, as well as any requested changes.
Our goal is to complete the process as quickly as possible, allowing the parties to move forward.
Do we still have to go to Court?
The court must approve the agreement.
If you need a divorce, the Court must grant the divorce.
You can agree on an attorney to represent one party to have the agreement approved. However, one attorney cannot represent all the parties.
Do you take a retainer upfront and bill against it, or charge a flat fee?
You pay an initial consultation fee, which is due before the first meeting. At the initial meeting, we will determine the number of issues in your case and the projected costs.
We charge an hourly rate for all additional time above the initial retainer.
What does an Agreement cost?
The cost varies depending on the number of issues, the complexity of your case, and the amount of time needed.
Can the attorney provide legal advice to both sides?
An attorney can give you information about state laws and local court procedures; however, an attorney cannot give legal advice to both parties. The attorney can only represent one of the parties.
Because of this, the non-represented side always has the right to seek counsel or advice from another attorney.
What happens if we do not have an Agreement?
If an agreement falls apart, then you lose none of your rights to trial in Family Court.
You can mediate your issues later to continue working towards an agreement.
The attorney cannot represent either one of you in a contested case.
Have questions or need assistance? Contact us.