Divorce appeals and south carolina

How Divorce Appeals Work: Fredrickson v. Schulze - Elliott Frazier

However, it is well-settled that temporary orders generally can not be appealed to the South Carolina Court of Appeals. Only orders that address matters on a final basis may be appealed. Once a party receives a final order that has been executed by a family court judge, a party has thirty 30 days to file a notice of appeal. It is important to note that a litigant who appeals a decree ordering child support or alimony will have to continue making the payments while the appeal is pending in the South Carolina Appellate Court. However, most family court appellate attorneys agree that attorney fee awards and equitable distribution are generally stayed during an appeal.

Fastest Divorce Time In South Carolina

When reviewing appeals from the family court in South Carolina, the court historically used the abuse of discretion standard. However, in recent cases, the South Carolina Court of Appeals has held that the standard of review for family court rulings is de novo for factual and legal issues. This means that the appellate court can find facts in accordance with its own view of the preponderance of the evidence.

It is important to remember that the family court does not have jurors in South Carolina. Only one family court judge makes a ruling at trial.

Appeal process

On appeal, the court reviews the record to see if the family court judge correctly followed the divorce and custody laws of South Carolina and how the law was applied to the facts of the case. The trial court is granted broad discretion in family law matters, thereby making it difficult to prevail on many issues.

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It is best to discuss with a lawyer whether success on appeal would be likely in your particular case, and, in addition, whether an appeal would be cost effective. Wake Family Law Group. See More See Less.

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