Family Court Filings
All common filings are available at SCcourts.org/forms
Family Court Coversheet – Required for docketing purposes and must be served on defendant along with the Summons and Complaint.
Summons
Complaint for Divorce
Complaint for Visitation
Financial Declaration – Should be adjusted to reflect income and expenses on a monthly basis. Try to fill this out with the client, paying particular attention that you do not calculate income for those paid every two weeks as if they are paid twice per month. Include copies of two most recent paystubs with Financial Declaration presented to the court.
Financial Declaration (Short Form) – See preceding “Financial Declaration”.
$150 Filing fee or In Forma Pauperis – Waiver application in cases where Client is under 150% of poverty guidelines. If filing fees are waived, contact the court to clarify whether the service charges are also waived. It varies on a court by court basis. Service charges range from $50 to $100.
Motion Information Coversheet and Motion for Temporary Hearing (if applicable) - $25 motion fee
Confidential Identifier Form – Family Court records are searchable public records. To protect minor children from identity theft, this form must be filled out to designate how you will refer to the children in the pleadings and in the court.
Defendant Filings
Rule 8 Notice of Appearance
Answer and Counterclaim (Divorce) or Answer and Counterclaim (Visitation) – if served by process server of affidavit of service, you have 30 days to respond. If served by certified mail, restricted delivery, you have 35 days to respond.
Rules for South Carolina Family Court
You should review the Rules of Civil Procedure and the Rules for Family Court. Each of the rules below are unique to Family Court and easily overlooked by an attorney new to the Court.
365 Day Rule – If the case is 365 days old, it can be dismissed without prejudice. It usually will be dismissed, and the temporary order will be dismissed with the case. The final hearing must be requested before the 365th day. If not, you must request and receive an extension, or your case will be dismissed. You can either refile the action or ask that the case be restored to the docket. A request to have a case restored to the docket is not a formality. It will be difficult, and the judge will be very unhappy with what is likely perceived to be professional carelessness.
Notice to Pro Se Opposing Party – Notice of Hearing to a pro se defendant must be sent by certified mail to the last known address, although it does not need be restricted delivery.
Rule 7 – Governs the admissibility of certain documents in Family Court
Rule 17 – Even if the opposing party failed to file an Answer or Counterclaim, the defendant may be heard at the Final Hearing on issues of custody, visitation, alimony, support, division of property, and counsel fees.