South Carolina Divorce Legal Questions

Yes, you do as the law states that to get a no-fault divorce in S.C. the parties must be seperated for one full year.  This even inculdes other homes at the same property address.  This answer neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq.  attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Annulments receive significant scrutiny from most Family Court Judges.  Based on the limited information provided, it may be possible to obtain an annulment.  Lack of consummation and cohabitation should provide a basis for your action.  Your question does not give the timeline which could impact the ability to prove your case.... Read Answer

There is no legal separation in S.C.  You can get a separate maintainance and support decree, but short of that divorce is your only option.  If you qualify, you may get help from Legal Aid. This answer neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Adultry can be proven by circumstantial evidence and is a fault ground for divorce in S.C.  Depending on the age of the children, the family court will make that determination.  I suggest you find a reputable family law attorney in your area. This answer does neither create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You and your wife be represented by the same attorney.  There are facts missing from this story, and I suggest that you include them for a better answer.  You cannot fire your wife's attorney, as he or she is representing your wife.  If you wish to reconcile with your wife, have your attorney and her attorney negotiate this for you. Best of Luck, Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

Abandonment and adultry are fault grounds for a divorce in S.C., which is an equitable distribution state.  I suggest you seek help from a family lay attorney.  This answer does not create a Lawyer/Client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I would advise you contact your step-mother's divorce attorney or obtain for her sister a family law attorney.  Although a divoce can not involve a contingency fee, alimony and child support can.  You are a good step-daughter. Regards, I am Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

Your daughter has paid her debt to society.  S.C. is an equitable distribution state which means she should be treated fairly as to what was premarital property and what was marital property. She should hire a lawyer to make sure her rights are protected.  You do not give information as to whether or not the divorce will be based on fault grounds (desertion, adultery, physical cruelty, or habitual drunkenness which includes drug abuse) which would be a bar to alimony. Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

You will each need a lawyer to draw up the property and settlement agreement.  You cannot use the same attorney, which protects each of you. S.C. requires a year of living apart in separate dwellings for a no fault divorce.  If you have evidence of adultery, this would be a fault divorce in which, if proven, be a bar to alimony in S.C.; but will not affect child support.  It could, however, affect which parent has primary custody. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read Answer

If your husband is in Mexico but would not object to a divorce and you know how to get in touch with him, a divorce should not be very hard.  I handle cases like that all the time.  If you are in the Charleston area, simply call me at 843-822-9800 and I will set up a time for you to come meet with me.  ... Read Answer

In South Carolina Family Courts, mainly Two (2) things are needed to prove adultery: 1) inclination and 2) opportunity. As an attorney that practices family law, I can say that, depending upon the etc. in your description of the facts, you may likely have the evidence needed to prove both the inclination and the opportunity. There are certain procedural things that may be difficult for a layperson to understand as far as how to get the evidence successfully introduced at a contested final hearing (and/or a temporary hearing for that matter) so that the Court might be able to consider the evidence. You should consult with a local attorney as soon as possible in regards to this matter. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.... Read Answer

You would want to discuss this with a family law attorney. It is doubtful you would be entitled to equity in a home purchased by the other party before marriage in which you have only lived for the few months of your marriage; however, you would want to discuss your specific facts with a qualified attorney to help you determine how you can proceed in the way best for you. ... Read Answer

Your client can attempt to reopen the matter, the difficulty of doing so, the likelihood of success and the expense would be determined, at least partially, on the time elapsed between the final order and now. She should consult a family law attorney to help her determine her best path forward. ... Read Answer