Chris Jacob Family Law is a firm dedicated to helping families get the results they desire and taking the stigma out of Family Court. My promise to all my clients is to not only be your lawyer but also your ally as you go through the process.
ABOUT THE FIRM
MY STORY
I'm a Charleston born and raised local with two immigrant parents. I come from a divorced family and was raised by a single mother and later grew up in a blended household. I know first hand the Family Court can be an intimidating place, but it’s also a place where families can be helped and protected. Whether we are going to trial, depositions, mediation, motions, I want you to be able to look back and feel at ease, knowing that Chris Jacob is behind you.
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“The family court can feel like the wild, wild, west, and I’m here to be your guide."
An action is started by the filing of a Summons and Complaint. The Defendant then must be served giving notice of a pending action. Complaints are drafted to put parties on notice of what they are seeking and parties need to be articulate in what they’re asking for.
01
SUMMONS & COMPLAINT
A Motion for Temporary Relief provides the parties a “Status Quo” Order for what each party is obligated to follow regarding child/custody/visitation, living arrangements, and financial obligations, generally. These hearings are sometimes called “Ambush by Affidavit”. Parties are allowed to present affidavits that support their positions/allegations without having to tender them to the opposing party/counsel prior to the hearing. These motions are NOT meant to determine any final issues regarding the case. There will be no live testimony taken of either party or any witness. These hearings can set the tone for your case.
02
TEmporary relief
The general function of discovery is to act as an evidence-gathering tool and to narrow the contested issues for trial. Both parties to a Family Court case know the evidence, general testimony, and witnesses the other side intends to offer at trial through the use of discovery.
There are five general discovery tools available to you which may seem familiar to you already.
There are five general discovery tools available to you which may seem familiar to you already.
- Interrogatories
- Requests for Production
- Requests for Admission
- Subpoenas Duces Tecum
- Depositions
03
DISCOVERY
The general function of discovery is to act as an evidence-gathering tool and to narrow the contested issues for trial. Both parties to a Family Court case should know the evidence, general testimony, and witnesses the other side intends to offer at trial through the use of discovery, prior to trial.
There are five general discovery tools available to you which may seem familiar to you already.
There are five general discovery tools available to you which may seem familiar to you already.
- Interrogatories: These are written questions to which the other party must provide a written response, verified under oath.
- Requests for Production: These are requests for a party to provide copies of certain documents or things within a parties’ or attorney’s possession, custody, or control.
- Requests for Admission: There are two types of these. The first type consists of factual statements that the other party is required to either admit, deny, or admit in part and deny in part. The second type is a request for the other party to admit the genuineness of a document or thing.
- Subpoenas Duces Tecum: Generally, a subpoena is used to compel the attendance of a witness to give testimony at a hearing or trial. However, this subpoena is used to compel the production of documents or things from parties or third parties.
- Depositions: These are sessions where a party to the case (or even a third party) is compelled to appear and give testimony before trial. Depositions usually occur in a lawyer’s office rather than at a courthouse.
South Carolina is a mandatory mediation State. Mediation can occur any time before trial, however, both parties MUST go to mediation prior to the scheduling of trial. It is standard practice that the parties will split the cost of the mediation equally. The purpose of mediation is to attempt to settle the case (or parts of it) without trial. Mediation is conducted by a certified mediator who is a lawyer, not a judge. Even though the purpose of mediation is to reach a settlement, the mediator does not decide your case, nor can they force you to agree to anything. South Carolina law requires that you attend at least three hours of mediation in any contested Family Court case. You must also complete the mediation requirement before you can request a contested final hearing, and within three hundred sixty-five days of the date the case was initially filed.
04
MEDIATION
If custody is an issue and/or it becomes contested, it is possible that the Judge could appoint a Guardian Ad Litem to represent the best interests of the minor child(ren). This individual can be a lawyer or a non-lawyer. The GAL will investigate the family to gain an understanding of the children. The purpose of obtaining this information is to present the judge with a report including unbiased and necessary information the judge would need to decide on custody and other matters. Guardian ad litems present their own opinions on what decision would best serve the child(ren). Although South Carolina law prevents guardians from making explicit recommendations in custody cases, the content of their report can influence a judge’s decision.
05
GUARDIAN AD LITEM
All Family Court cases in South Carolina must be set for trial within 365 days of their initial filing. Unless parties are able to resolve the case before then, parties must have completed mediation and requested a final hearing date by the date of the filed complaint. If a final hearing date has not been requested by that time, the case is subject to administrative dismissal by the clerk of court without advance warning. Trial is formal, subject to the Rules of Evidence, and is conducted by a judge without a jury.
06
TRIAL
In South Carolina, if there is no fault ground to get a divorce, then parties must proceed with Separate Support & Maintenance. This is analogous to “legal separation”, although South Carolina does not recognize the term “legal separation”. Through this mechanism, parties must be living separate and apart prior to the filing of an action. This is often the path that parties will take in a “no fault divorce”, where one year must pass in order for the parties to be divorced.
SEPARATION
There are five ways to obtain a divorce. Adultery, Physical Cruelty, Habitual Drunkenness, Desertion, or No Fault Divorce. The first four of these five are called fault grounds and if proven, this allows a party to be eligible for divorce after ninety days.
- Adultery is when a party engages in a sexual relationship with someone other than their spouse during the marriage. The standard for this is known as “opportunity” and “inclination." The burden is not meant to force a party to show that the events occurred, but rather to show that it is more likely than not based on circumstantial evidence that a sexual relationship occurred.
- Physical Cruelty is conduct that rises to the level of substantial harm or death. The standard is also circumstantial, meaning that this can be shown through isolated or multiple instances.
- Habitual drunkenness or drug abuse is where a party must show conduct of severe alcohol/drug abuse that was detrimental and/or the reason for the breakdown of the marriage.
- Desertion is rarely used in family court and a party must be untraceable.
DIVORCE
A date is stamped when an action is filed. That date of filing is a “snapshot” of the marital estate. All assets may be valued based on what the asset was worth on the date of filing. Equitable distribution is the process for which the Court will equitably divide assets on a final basis. Equitable distribution can occur either by agreement or by trial. Generally, the Court will want to see an equal divide of all assets between two parties, however, the parties may determine what is “equal” for them so long as it is legal, and the parties agree.
EQUITABLE DISTRIBUTION
Normally, the scope of the Department of Social Services (“DSS”) involvement centers around the enforcement of child support or investigating instances of abuse neglect. As a state agency, they have a duty to investigate all reports that come in regardless of merit. When a case is reported, a preliminary investigation will ensue that is supposed to be completed within forty-five days. Generally, these investigations can be resolved with a safety plan put in place, however, if DSS determines that there is grounds for removal, then a formal action will be filed.
ACTIONS WITH DSS
Think of alimony as the equalization of marital income experienced during the marriage. The amount of alimony, and the period of time for which it is to be paid, is based on statutory factors. The different forms of alimony include:
- Periodic alimony: This is an amount paid to your former spouse that terminates the remarriage or continued cohabitation of party or upon death of either spouse. This form of alimony can seem like it has no end date, but this form is modifiable based on a substantial change in circumstance.
- Lump-sum alimony: The total sum that can be paid in one installment, or payments over a period of time, which is terminable only upon the death of the supported spouse. This cannot be terminated or altered based on remarriage or a substantial change in circumstances.
- Rehabilitative alimony: This is a total sum that can be paid in one installment, or payments over a period of time, which IS terminable upon the death of the payor or payee, cohabitation, or remarriage. There may circumstances where this can be altered, but this is typically rare and would likely have to show unforeseen circumstances or events. This support is intended to rehabilitate and to restore a spouse to being self-sustaining.
- Reimbursement alimony: This is a total sum that can be paid in one installment, or payments over a period of time, which IS terminable upon the death of the supported spouse, cohabitation or remarriage, BUT not terminable based on a substantial change in circumstances. This support is considered when future earnings of a spouse are a variable.
ALIMONY
Child support is typically calculated based on the South Carolina Child Support Guidelines. However, family court judges have broad discretion to deviate from those guidelines based when they believe this is warranted. Most cases in South Carolina involving child support are calculated based on the parties’ gross monthly incomes, health insurance premiums for the children, daycare expenses, other children in the home, extraordinary heath expenses for the minor children, and other support obligations.
There are three different worksheets for which child support can be calculated on. Worksheet A: where one parent has all the overnight stays with the child(ren), Worksheet B: where parents have decided to split children, whereas one parent would have all the overnight stays of a child(ren) and second parent has all the overnight stays with another child(ren); and Worksheet C: is a where the parties have shared joint custody where the secondary parent is calculated and assumed to have a minimum of 30% of the overnights which equates to about 110 overnights in a calendar year.
There are three different worksheets for which child support can be calculated on. Worksheet A: where one parent has all the overnight stays with the child(ren), Worksheet B: where parents have decided to split children, whereas one parent would have all the overnight stays of a child(ren) and second parent has all the overnight stays with another child(ren); and Worksheet C: is a where the parties have shared joint custody where the secondary parent is calculated and assumed to have a minimum of 30% of the overnights which equates to about 110 overnights in a calendar year.
CHILD SUPPORT
Sole Custody and Joint Custody are terms that most parents confuse when they become involved with the Family Court. There are statutory factors that the Court may consider when determining custody, but the major points can be time and decision making. The key difference between the two custody designations is the duty consult with the other party regarding major decisions of the child(ren)in the categories of school, health, extracurriculars, and religion. There is a standard visitation protocol that is used for non-custodial parents if the Court must decide on visitation, however the parties can virtually agree to any visitation schedule so long as there is no disagreement between the parties. When matters of custody and visitation arise, it is inevitable that mutual restraints regarding behavior around the children will also arise. If custody is contested, or there are concerns regarding parental fitness, it is possible that a Judge could appoint a Guardian Ad Litem to represent the best interests of the minor child(ren).
CUSTODY & VISITATION
Military Divorces are often confusing when it comes to jurisdiction and equitable distribution. At least one spouse must have resided in South Carolina one year prior to the filing of the action. However, many parties are hesitant to file due to the erratic travel of a service member. There are special protections for a service member when it comes to service of pleadings through the Service Members’ Civil Relief Act. Pensions and benefits are governed by federal organization like the Defense Accounting Service (DFAS).
MILitary divorce
Generally, there is no foolproof pre-nuptial agreement in the eyes of the Court. Pre-nuptial agreements that have been honored by judges in the past are able to show that both parties had counsel, full financial disclosure, and adequate time to review and comprehend the agreement. Pre-nuptial agreements are intended to specify assets, bills, property support, etc. Pre-nuptial agreements cannot be used to address child related issues.
PRe-Nuptial agreements
All issues related to minor children including support, custody, and visitation remain modifiable so long as the family court has jurisdiction over the minor child(ren). In order to alter an agreement, a party must show a material and substantial change in circumstances. Alimony cases are also modifiable based substantial change so long as the form of alimony is modifiable pursuant to both the agreement or the statute governing alimony.
MODIFICATION ACTIONS
It would be unconstitutional to prohibit a person from relocating, however, if a parent is trying to relocate there are important factors to consider. Whether you are in the middle of a divorce action with children or you are wanting to modify an existing custody order, the Court can rely on the precedence set forth in Latimer v. Farmer, where the Court evaluated economic advantages, improvement of the quality of life for the child/moving parent, the genuineness of the intent to move, and the ability of the non-custodial parent to maintain regular contact.
RELOCATION
PRACTICE AREAS
In South Carolina, if there is no fault ground to get a divorce, then parties must proceed with Separate Support & Maintenance. This is analogous to “legal separation”, although South Carolina does not recognize the term “legal separation”. Through this mechanism, parties must be living separate and apart prior to the filing of an action. This is often the path that parties will take in a “no fault divorce”, where one year must pass in order for the parties to be divorced.
There are five ways to obtain a divorce. Adultery, Physical Cruelty, Habitual Drunkenness, Desertion, or No Fault Divorce. The first four of these five are called fault grounds and if proven, this allows a party to be eligible for divorce after ninety days.
- Adultery is when a party engages in a sexual relationship within someone other than their spouse during the marriage. The standard for this known as “opportunity” and “inclination”. The burden is not meant to force a party to show that the events occurred, but rather to show that is more likely than not based on circumstantial evidence that a sexual relationship occurred.
- Physical Cruelty is conduct that rises to the level of substantial harm or death. The standard is also circumstantial, meaning that this can be shown through isolated or multiple instances.
- Habitual drunkenness or drug abuse is where a party must show conduct of severe alcohol/drug abuse that was detrimental and/or the reason for the breakdown of the marriage.
- Desertion is rarely used in family court and a party must be untraceable.
When an action is filed, a date filing is stamped on the action. That date of filing is a “snapshot” of the marital estate. All assets may be valued based on what the asset was worth on the date of filing. Equitable distribution is the process for which the Court will equitably divide assets on a final basis. Equitable distribution can occur either by agreement or by trial. Generally, the Court will want to see an equal divide of all assets between two parties, however, the parties may determine what is “equal” for them so long as it is legal, and the parties agree.
Normally, the scope of the Department of Social Services’, (“DSS”) involvement centers around the enforcement of child support or investigating instances of abuse neglect. As a state agency, they have a duty to investigate all reports that come in regardless of merit. When a case is reported, a preliminary investigation will ensue that is supposed to be completed within forty-five days. Generally, these investigations can be resolved with a safety plan put in place, however, if DSS determines that there is grounds for removal, then a formal action will be filed.
Think of alimony as the equalization of marital income during and after litigation has started. The amount of alimony and the period of time for which it is to be paid is based on statutory factors. The different forms of alimony include:
- Periodic alimony is an amount to be paid but terminates on the remarriage or continued cohabitation of a party or upon the death of either spouse. This form of alimony can seem like it has no end date, but this form is modifiable based on a substantial change in circumstance.
- Lump-sum alimony is a total sum that can be paid in one installment, or payments over a period which is terminable only upon the death of the supported spouse but cannot be terminated or altered based on remarriage or a substantial change in circumstances.
- Rehabilitative alimony is also a total sum that can be paid in one installment, or payments over a period which is terminable upon the death of the payor or payee, cohabitation, or remarriage. There may circumstances where this can be altered based on a change in circumstances, but the circumstances are rare and would likely have to show unforeseen circumstances or events. This support is intended to rehabilitate a spouse based on circumstances to restore a spouse to being self-sustaining.
- Reimbursement alimony is a total sum that can be paid in one installment, or payments over a period of time which is terminable upon the death of the supported spouse, cohabitation or remarriage, but not terminable based on a substantial change in circumstances. This support is considered when future earnings of a spouse are a variable.
Child support is typically calculated pursuant to the South Carolina Child Support Guidelines. However, family court judges have broad discretion to deviate from those guidelines based on different circumstances where they believe a deviation is warranted. Most cases in South Carolina involving child support are calculated based on the parties’ gross monthly incomes, health insurance premiums for the children, daycare expenses, other children in the home, extraordinary heath expenses for the minor children, and other support obligations.
These factors are pursuant to the South Carolina Child Support Guidelines.
There are three (3) different worksheets for which child support can be calculated on. Worksheet A: where one parent has all the overnight stays with the child(ren), Worksheet B: where parents have decided to split children, whereas one parent would have all the overnight stays of a child(ren) and second parent has all the overnight stays with another child(ren); and Worksheet C: is a where the parties have shared joint custody where the secondary parent is calculated and assumed to have a minimum of 30% of the overnights which equates to about 110 overnights in a calendar year.
Sole Custody and Joint Custody are terms that most parents confuse when they become involved with the Family Court. There are statutory factors that the Court may consider when determining custody, but the major points can be time and decision making. The key difference between the two custody designations is the duty consult with the other party regarding major decisions of the child(ren)in the categories of school, health, extracurriculars, and religion. There is a standard visitation protocol that is used for non-custodial parents if the Court must decide on visitation, however the parties can virtually agree to any visitation schedule so long as there is no disagreement between the parties. When matters of custody and visitation arise, it is inevitable that mutual restraints regarding behavior around the children will also arise. If custody is contested or there are concerns regarding parental fitness, it is possible that a Judge could appoint a Guardian Ad Litem to represent the best interests of the minor child(ren).
Military Divorces are often confusing when it comes to jurisdiction and equitable distribution. At least one spouse must have resided in South Carolina one year prior to the filing of the action. However, many parties are hesitant to file due to the erratic travel of a service member. There are special protections for a service member when it comes to service of pleadings through the Service Members’ Civil Relief Act. Pensions and benefits are governed by federal organization like the Defense Accounting Service (DFAS).
Generally, there is no full proof pre-nuptial agreement in the eyes of the Court. Pre-nuptial agreements that have been honored by judges in the past are able to show that both parties had counsel, full financial disclosure, and adequate time to review and comprehend the agreement. Pre-nuptial agreements are intended to specify assets, bills, property support, etc. Pre-nuptial agreements cannot be used to address child related issues.
All issues related to minor children including support, custody, and visitation remain modifiable so long as the family court has jurisdiction over the minor child(ren). In order to alter an agreement with these issues, a party must show a material and substantial change in circumstances. Alimony cases are also modifiable based on a substantial change in circumstances so long as the form of alimony is modifiable pursuant to both the agreement or the statute governing alimony.
It would be unconstitutional to prohibit a person from relocating, however, if a parent is trying to relocate there are important factors to consider. Whether you are in the middle of a divorce action with children or you are wanting to modify an existing custody order, the Court can rely on the precedence set forth in Latimer v. Farmer, where the Court evaluated economic advantages, improvement of the quality of life for the child/moving parent, the genuineness of the intent to move, and the ability of the non-custodial parent to maintain regular contact.
Chris was very knowledgeable about the law and patient in explaining the legal aspects of my situation. He was also attentive to the details I presented to him, and he always stayed on top of schedule providing insight prior to any major milestone.
- Thomas C.
Chris kept a great demeanor of professionalism while caring about the best interest of my children. His level headed and compassionate guidance got me through the roughest time in my life. He kept me focused on what was most important and I’m grateful that he did.
- Aaron R.
Chris was very professional from the start when I needed an attorney for a divorce. He explained everything that I was about to go through and took the time to ensure I understood it. Chris fought for me during mediation and got the best outcome for me possible.
- Andrew K.
Chris Jacob is an incredibly knowledgeable and effective lawyer. He is very detail oriented and calculating. At the same time he's as much an advocate as an attorney. I made the absolute right choice with him and would not hesitate to retain his services again should the need arise.
- Brian C.
Chris Jacob won my divorce.Upon introduction, Chris's calming, confident demeanor put me at ease. During our first meeting, he told me he would much rather be representing my case than my wife's. Along the covid delayed proceedings, Chris was a counselor, a social worker, a cheerleader, and on one occasion a virtual hand holder. Our ultimate settlement was better than what I was First going to offer my wife. If you're walking into a courtroom, you want Chris at your table, and you don't want to be looking at him as opposing counsel.
- Michael K.
