Legal Question in Family Law in South Carolina

Responding to answer and counterclaim after hearing is already scheduled

I filed a motion in family court Pro Se and we have a hearing scheduled on Septemebr 8, 2008. The defendant and his attorney just had me served with the answer and counterclaim on September 4, 2008(which gives me 30 days to respond). They tried to get an emergency hearing on the matter and it was denied. They were granted a hearing to continue at the regular appointed time and day by the same presiding judge. My questions are: 1.) do I try to respond before the hearing that is already scheduled. 2.) They are demanded strict proof of the allegations I made. These will be discussed in the scheduled hearing. Do I still respond by giving them the copies of the proof, that they should get copies of in court. 3.) I am seeking Separate Maintenance and Support, they want me to provide strict proof. What their statement says is the Defendant denies the allegations in paragraph 7 ( which states ''Plaintiff is entitled to a degree of separate maintenance and support''). How do you show proof of that besides showing income? 4.) They are asking to be entitled to liberal discovery. What does that mean? I know I should get a Divorce Lawyer, but I can't afford one because I have been out of work since January


Asked on 9/04/08, 9:12 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Responding to answer and counterclaim after hearing is already scheduled

Without knowing more about the issues and facts involved in your particular case, it's not possible to answer your questions. You would be well served to retain an attorney, as your chances of success are very slim if you do not.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 9/04/08, 9:29 pm


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