The Final Hearing
Prepare your questions for direct and cross-examination. Make sure that your discovery is up to date. If the opposing counsel has not updated their discovery properly, do not hesitate to object to witnesses or evidence.
Arrive very early to the courthouse so that there is time for a final negotiated settlement. Your client exerts control in the settlement process, which is something that has been denied to victims throughout their time of victimhood. Settlements may also reduce the post hearing risk to your party. The opposing party has input on any negotiated settlement, and is also not subjected to the evidence and testimony of a hearing that could lead the abuser to be angry with or resentful towards your client.
Make certain your client knows how to dress for court. Be direct. Do not say “wear something nice”. A client may interpret that to mean club attire. Give specific instructions about what is appropriate for the courtroom.
If Custody is Part of a Divorce Action
Allege one of the divorce grounds accepted in South Carolina, but ask for separate maintenance as a backup plan, especially if your client has not yet satisfied the one year rule. Witnesses may get flustered or disappear.
By the time you arrive in the courtroom, the parties often meet the grounds for a divorce on one year separation. Make a motion to add the grounds of one year separation to the complaint. The judge will ask the opposing party whether they object, and whether they waive their 30 days to respond. If the defendant is pro se, explain these questions beforehand. Without preparation, the layperson may panic at the words “waive right to…”
Make certain you have discussed property division and alimony in detail with your client, as well as reviewing the relevant factors considered under South Carolina law.
You must formally request a name change (if your client so desires) in the pleading or at the final hearing.
South Carolina considers dating before divorce to be adultery, even if spouses are maintaining separate residences and have filed for divorce. Some judges will take a more hardline approach to this inquiry than others, but your client risks factual accusations of adultery if they begin dating before the divorce is final, which can threaten custody and spousal support. Judges are particularly critical of unmarried overnight paramours in the presence of the children. Many clients will ignore your instructions on this matter. Warn those clients that they cannot legally remarry until the Divorce Decree is signed.