Tripp Atkins is excited to announce the opening of the Atkins Law Firm, P.A. Effective May 1, 2010, the Atkins Law Firm, P.A. will be providing divorce, family law, and probate administration and litigation services in upstate South Carolina. We are doing everything possible to minimize the transition between the former firm and Tripp’s new firm. You can contact the Atkins Law Firm, P.A. the following ways:
- Physical Address: 11 N. Irvine Street, Suite 14, Greenville, South Carolina 29601
- Mail: PO Box 27167, Greenville, SC 29616
- E-mail: Tripp@AtkinsSC.com
- Telephone: 864-735-8699
- Fax: 864-349-5054
- Get Directions to our new office here
Came across this infidelity infographic on the Fast Company website this afternoon in an article about Tiger Woods. Interesting…
One interesting stat on this infographic is that 90% of people who have had online affairs get addicted to them and begin another immediately after the current one ends. With the advent of Facebook and other networking sites, it is easier and easier to “hook up” online these days. While an online affair may not be enough to lead to a divorce on adultery grounds in South Carolina, the nature of this activity is such that it is a slippery slope that leads to adultery.
Via: Online Schools
A temporary hearing in a divorce case can set the tone for the rest of the matter. It is probably good to note right here that the decision made by a judge at a temporary hearing is temporary in nature (hence the name) and it carries no weight as far as what the trial judge may or may not rule on. Therefore, if you are ruled against at the temporary hearing it isn’t the end of the world. However, when a judge rules for or against a person at a temporary hearing it seems to give each party some false sense of power or weakness in the case.
After your temporary hearing a temporary order will be prepared and signed by the judge and that sets the standard of conduct for the remainder of the litigation. Generally, in this period between the temporary hearing and the final hearing the parties will engage in discovery, potentially take depositions of key witnesses, mediate the case, and attempt to reach a negotiated settlement. If there are minor children involved, a guardian ad litem will be appointed who will perform an investigation into the issues surrounding the minor children.
This process can take several months. Often, depending on the complexity of the case, it can last over a year. The final phase before the final hearing is the trial preparation phase where you and your lawyer will be preparing for trial by meeting with witnesses, preparing any necessary witness subpoenas, creating trial exhibits, etc. All of this leads up to the final hearing in your case.
Mediation is required for all contested family court cases in Greenville County and in many other South Carolina counties. One of the concerns that I hear as a mediator and as a lawyer who attends mediation with his clients is that clients are concerned with what they are saying to a third-party lawyer (the mediator) or the kinds of offers or counter-offers that are being made and how that might come back to haunt them down the road should their case not settle.
In South Carolina, all family court mediations are confidential on several levels. First, when you communicate something to your mediator, you can specify that you do not wish for the mediator to share that with the opposing party. Second, everything you discuss in mediation is confidential so that if you and your spouse do not settle the case at mediation, you do not have to worry about them bringing up what you offered in trial. The mediator cannot be called to testify about the mediation and his notes cannot be subpoenaed.
This confidentiality gives you a “free bite at the apple” so to speak. You have an opportunity to be creative with your spouse to resolve the contested issues in your case. You may make some offers that you ordinarily would not in an effort to settle the case without fear that they could be used against you later on.
