South Carolina Court Orders in Family Court

Written by: Megan Dell

When navigating South Carolina Family Court, it can be difficult to make sense of all the legal documents and terminology, especially South Carolina court orders.

There are three main types of court order:

Temporary South Carolina Court Orders

A “temporary order” results from a Motion for Temporary Relief in South Carolina that is brought in accordance with Rule 21, SCRFC. A temporary order is issued after a hearing on the motion is held, and each party provides specific information to the Family Court. These orders tend to address problems that arise during the South Carolina divorce case, like requiring one spouse to pay the mortgage and awarding temporary custody of the children.

Orders on Procedural Issues

Getting through each case requires completing procedural steps like discovery, appointing a guardian ad litem, issuing subpoenas, attending mediation, then having a trial.

Throughout the case, multiple procedural orders might be entered to keep the case moving along. Examples include orders appointing a guardian ad litem, requiring a party to produce discovery responses, or requiring the parties to attend mediation.

Final South Carolina Court Orders

A final order is the document that ends a South Carolina divorce case, typically after a final divorce hearing in South Carolina. This is the order that establishes each party’s rights and obligations related to the end of their marriage. These orders must contain findings of fact and conclusions of law to comply with Rule 26(a), SCRFC. For many (but not all!) people, the final order also includes an award of divorce from their spouse.

It can be difficult to make sense of the different types of court order in a South Carolina divorce case, which is why it’s so important to seek qualified legal advice about South Carolina divorce laws. If you’re feeling confused, schedule a consultation with one of our lawyers.