Divorce and Family Law

About Divorce Proceedings:

Divorce (Temporary Hearing)

Most divorces begin with a temporary hearing. A temporary hearing is usually a 15-minute hearing where a Family Court Judge will issue a temporary order that the parties must live under until the divorce is final. At a temporary hearing, the judge will determine temporary custody, visitation, child support, spousal support, and other matters relating to the separation. John Newkirk is an experienced divorce lawyer who can represent you in your temporary hearing.

Mediation

In Greenville County and most counties in the Upstate, the parties in a divorce case are required to attend mediation before a contested final hearing. During mediation, a neutral third party meets with the parties, and the parties’ attorneys, and tries to work out an agreement that both parties can agree with. John Newkirk is an experienced divorce lawyer who can help you prepare for and effectively negotiate during mediation.

Divorce (Final Hearing)

A final hearing can be as short as 15 minutes if an agreement is worked out, or as long as several days to a week if it is a contested trial. A contested final hearing is a trial in front of a Family Court Judge. After hearing from both parties and their witnesses, the Family Court Judge will make a final ruling on all issues relating to the divorce litigation. John Newkirk is an experienced family court lawyer who can aggressively represent you at your final hearing.

Child support

The future of your children is perhaps one of the most important issues in a divorce or custody case. John Newkirk is an experienced family law lawyer who can help ensure that a child support obligation is calculated correctly. Learn more about child support in South Carolina.

Child custody and visitation

There are a variety of different types of custody agreements and childcare calendars that may work for parents. Family law lawyer John Newkirk will help you establish a child custody agreement that works best for your family, protecting your rights as a parent and your children’s future. Learn more about child custody in South Carolina.

Spousal support (Alimony)

Alimony is the money one spouse pays the other during or after the divorce. In South Carolina, the court can require alimony based on several factors in the marriage, including salaries of the parties, length of marriage, property ownership, custody of the children, physical health, employment during the marriage, and fault or misdeeds during the marriage. There are several different types of alimony. Sometimes alimony is paid in a lump sum amount, sometimes alimony is paid on a monthly basis for a fixed period of time, and other times alimony is paid every month until the party receiving alimony remarries. Divorce attorney John Newkirk can help secure the alimony that is fair and just for your separation and divorce.

Division of property

How property is divided after in a divorce is often one of the most complicated aspects of a divorce. In some cases, John Newkirk will recommend the services of an accountant or a tax professional to ensure a client fully understands the ramifications of the equitable distribution of marital property. John Newkirk will protect your rights and ensure property is divided pursuant to the law.

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