Legal Question in Family Law in South Carolina
Motion for Temporary Relief
My question is about the following. A notice of motion and motion for temporary relief has been served. The question is about the time frame and need for representation. Upon date of service 2/07/05 it is been given that defendant has 30 days to answer, but at the same time the defendant has been informed that a hearing has been set in this case for 02/17/05. Obviously this is within the 30 time frame. How can this be? The plantiff has agreed to go ahead with the hearing without complaint, but does not agree with all the terms of the motion. Should they seek representation or can they represent themselves? Lastly once the terms of this motion is set by the court is it simply just having to wait on the year to pass for the process to finalize the divorce to begin? Thank you in advance for your reply.
1 Answer from Attorneys
Re: Motion for Temporary Relief
When you represent yourself it is said that "you have a fool for a client." My advice is for them to seek representation very soon. The Motion is for specific relief-probably separate maintenance and support for a wife; it may also seek child support and temporary attorney's fees as well as restricted visitation rights. You don't have much time for an attorney to react. Get moving and find a lawyer to represent them.
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