What is a U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The limit on the number of U visas that may be granted to principal petitioners each year […]
What is a T visa?
T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of trafficking in persons) to remain in the United States for an initial period of up to 4 years if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of […]
What immigration benefits are available for noncitizen crime victims?
There are various immigration benefits available for non citizen crime victims, including T visas for victims of human trafficking, VAWA for victims of domestic violence, SIJ for child victims under 21 years of age, U visas for victims of qualifying crimes, and Asylum for victim of persecution.
The opposing party also has a pending criminal case for domestic violence. Will that affect the outcome of the Temporary Hearing?
Yes, a pending criminal case could affect the judge’s decisions regarding restraints and custody as part of a Temporary Order. Many victims of domestic violence may be seeking a divorce while also navigating the criminal process. These processes are separate but related. For example, the information that is shared in the divorce case could be […]
I am worried for my safety at the Courthouse. What can I do?
There are law enforcement officers throughout every court building. Each courtroom will have its own officer present. There will be a waiting area or waiting rooms near the courtrooms. If you are worried about being in the same waiting area as the opposing party, you can notify the bailiff and they can help you find […]
What is a Temporary Hearing?
This is an optional hearing that can occur after filing and before mediation. At this hearing, the judge will temporarily decide on any contested issues between the parties, such as property and child custody. The Temporary Order from this hearing stays in place until the Final Hearing. It does not necessarily reflect what the final […]
Do I need to do mediation for a divorce?
Unless you have a signed agreement, you must complete mediation. You and your partner must agree on a certified family court mediator in your area. Certified mediators are usually attorneys or retired judges. They charge by the hour for their services, and you will be required to pay for half. Lawyers and judges are great mediators […]
How do I file for a divorce?
To file for divorce in South Carolina, you must submit a divorce packet, which includes the following forms available at www.sccourts.org: Family Court Cover Sheet Summons Complaint Financial Declaration (required even if you are not requesting financial support) There is a $150 filing fee to start a divorce case. It is recommended that you prepare […]
I am a victim of domestic violence who recently separated from my spouse. Can I get a divorce?
If you do not meet the criteria for a fault-based divorce, you will need to file for a no-fault divorce based on one year of continuous separation. This means that spouses must live apart for a full 365 days before the court will grant a final divorce. During this period, they cannot reside in the […]
I am a victim of domestic violence. Can I get a 90 day divorce?
South Carolina allows at-fault divorces based on four grounds: (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion. The first three are sometimes referred to as “90-day divorces” because they don’t require a full year of separation. While at-fault divorces can move faster than traditional divorces, they are often more […]
