South Carolina Divorce Legal Questions

This answer does not create an attorney/client relationship.  My advice is that both you and your wife obtain legal council and work out a proper seperate maintainance and support agreement that is then presented to the family court for its approval.  That is the only proper way to proceed in my opinion as both a S.C. lawyer and board certified internist.  There is no legal separation in S.C.  You have the choice to either get a dicorce or get a separate maintainance and support agreement, each needing family court approval. Regards, I am Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com      ... Read Answer

It is hard to tell from such a short question what you really need to know.  A signed separation agreement is something that helps the parties and the court determine what the division of property and possible child support and custody is supposed to take place, but you don't have to have one to file for divorce, though it does make the divorce easier if there is one in place.   The next portion of your question has to do with 12 months.  You can get a divorce in 12 months if you have a fault based divorce, meaning you are alleging adultery or something like that.  However, if you are using the one year separation as the grounds for divorce, you are not allowed to even file for the divorce until the one year has passed.  ... Read Answer

This answer does not create an attorney/client relationship.  I am a S.C. attorney as well as a S.C. board certified internist.  Irreconcilable differences is not a fault ground in S.C.  You need to live separate and apart (at different addresses) for one year in S.C. to obtain a no fault divorce.  S.C. is an equitable distribution state.  If she kept the home up, made repairs to the home, payed on the mortgage, etc., she may have an equitable interest (probably a small one) in the house, but that is up to the Family Law Judge who hears the case.  Fault grounds in S.C. include (1) physical abuse; (2) adultery, (3) habitual drunkenness (includes drugs) and (4) desertion for one year.  This is why a prenuptial agreement in writing is so important in marriage.  You probably will need the services of a lawyer to protect your intersts.   Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

This answer does not establish an attorney/client relationship.  The defendant does not need to show up, but is a fool if he or she does not do so.  If the courts has signed off on that agreement (assuming this is the marital property and settlement agreement), but has  not addressed the issues alimony or child support.  The adulterous spouse is barred from alimony, but that does not apply to the non-adulterous spouse.  Furthermore, child support is at issue.  The defendant and you should both have counsel, and show up for your day in court.  I am a S.C. attorney and board certified internist, but you have not included enough information for me to properly address your question.  For example, do you want alimony or need child support. Regards, Michael G. Sribnick, M.D., J.D., Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

The answer is, maybe, maybe not.  A notary can perform marriages in SC.  However, was there a marriage license?  Even if the ceremony was not legal, if you have been acting as a married couple (as in joint checking accounts, introducing each other as your spouse, wearing rings, etc) then you may be common law married in SC, and may been a divorce.  You should speak with a family law attorney to fully discuss the situation to see if you need to be divorced if you have split.... Read Answer

You should file for divorce in the county you and your spouse last lived in together, not necessarily where you got married.  I have clients all the time that got married in Vegas or even some other country, but broke up here in South Carolina.  If residency had been established before you split, it is the county you lived in that has jurisdiction.... Read Answer

I am a S.C. board certified internist and attorney, but this answer does not create a lawyer/client relationship, nor do I solicit clients.  You may be able to get help from Legal Aid in the city in which you live, as most lawyers want some sort of payment up front.  You do not state why you want this divorce, and why you want to leave this man who is a father to your 3 children. Regards, I am Michael Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

My answer in no way creates a lawyer/client relationship, and I do not solicit clients.  I am a S.C. attorney and board certified internist who practices family law among other areas of the law.  The best advice is not to date at all until the divorce is final. Regards to you, I am Michael G. Sribnick, M.D., J.D. Attorney at Law owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

If you husband is having an affair, you can file for divorce without waiting, if you have enough proof.  Once it is filed, it may take a few months to get it settled.  You may need a guardian ad litem, and you will need a mediator to help get it settled.  If he is found at fault, he may have to pay some or all of your legal bills.  ... Read Answer

In South Carolina if you and he can agree on some temporary support for you, the court would probably grant it.  That is, if you can work with him and get him to agree to it.  If you can't agree on it, then it is unlikely in a marriage of only three years that a court would grant spousal support.  Spousal support is different from child support, so the fact that no children came of the marriage in your case would not matter to the court.  Of course, it does make child support out of the question.  ... Read Answer

The real question is whether he knows you cheated.  IF he knows you cheated and is still staying with you and you continue your relationship you may be able to avoid the adultery allegation.  However, in South Carolina there is no "unreconcible" differences.   The statute you are referring to as the "no fault" divorce in South Carolina is one year separation.  You can get divorced if you have been separate and apart for at least one year before the filing of the divorce. If you want a divorce quickly, this will not work for you, as the year does not start until you have separated from him (meaning apart from him and no more sleeping with him).  ... Read Answer

In Utah, when a married couple is poised to separate, and the question arises as to which one of them gets to remain in the marital residence, many factors are considered. If there is a mortgage or rent to be paid, the court may look at who has the ability to pay that rent. In your case, it appears that you are out of work and financially dependent upon your spouse. You cannot pay rent out of your own pocket. That does not mean however that the court did not order your spouse to pay the rent on your behalf so that you can stay housed. And as you pointed out, you have been the primary caregiver of the child of your marriage for the last 2 1/2 years (and since birth to boot). You will have to prove that you are the primary caregiver, however, because you are a man, and in Utah (as is the case in most states), there is a clear bias against the idea of man being the primary caregiver of children. Judges who are a generation younger than you grew up in a time when male primary caregivers were few and far between. So even though you know you have been the primary caregiver of this child for the past two and half years, do not expect the court to believe that without providing copious amounts of evidence to establish this fact.... Read Answer

The following is a statement of general legal principles applicable to South Carolina law. A lease to an apartment is considered an interest in property, albeit not a very strong interest. Usually what occurs is that one party keeps the apartment and agrees to pay the rent as to not harm the credit of the other. This is usually accomplished through an agreement. If you cannot agree and a judge is forced to make the decision, the judge will usually do one of three things: award it to Wife, award it to Husband, or have both parties vacate. It is not common for a leased apartment to be a major contested issue at trial due I do not know of any area of South Carolina that has rent control, hence I have never seen a leased apartment be considered as a tangible equity for a party. In your situation I strongly advice you seek legal counsel as it sounds like your case is more complex than what could reasonably be handled pro se.... Read Answer

Courts in South Carolina recognize four “fault” grounds for divorce: Adultery Physical Cruelty Desertion Habitual Drunkenness and/or Drug Abuse In addition, there is one “no-fault” ground recognized by South Carolina courts, called “Living Separate and Apart for One Year Without Cohabitation.” In order to obtain a divorce, the party filing for divorce must prove at least one of these grounds with sufficient evidence, which is usually done via third party corroboration of a couple’s lack of cohabitation, or a party’s infidelity, etc. If you are pursuing a “no-fault” divorce the separation for one year generally involves the parties living in two separate locations.  Living in two separate bedrooms in one house does not qualify as a separation. While each case is different, there are a few general rules to consider.  Any request for a divorce on a fault ground cannot take place until two months after the Summons and Complaint is filed. The actual divorce, though, cannot be granted until three months have passed since the case was filed. With the no-fault divorce on the ground of one year’s separation, the Plaintiff may file the action one year and one day after the year of continuous separation passes.  Then, a hearing and divorce are possible either thirty days after service upon the Defendant, or if the Defendant files an answer before the thirty days, one could immediately request a hearing. If you or someone you know needs help with a divorce, please contact Eric C. Hale, Esq. immediately and I will provide you/them with the help they need. Law Office of Eric C. Hale, LLC (803) 250-5252 eric@erichalelaw.com DISCLAIMER: The foregoing is provided for informational purposes only and does not constitute legal advice.  The foregoing is intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of this information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The foregoing is offered only for general informational and educational purposes. It is not offered as and does not constitute legal advice or legal opinions. You should not act or rely on any information contained herein without first seeking the advice of an attorney. If you contact me/us through this website or in connection with a matter for which I/we do not already represent you, your communication may not be treated as privileged or confidential.  The transmission of an email request for information does not create an attorney-client relationship and you should not send me/us via email any information or facts relating to your legal problem or question.  There is a risk of waiver of attorney-client privilege and/or work product privileges that might otherwise attach to your communication.... Read Answer

In SC, there are other options you may have in this situation outside of waiting the entire one year period for one year continuous separation without cohabitation time period. 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

Assuming that her interest in you is real and not just to get a green card, you should take the same steps that you would take in marrying anybody. If you have a lot of assets that you want to protect, you should strongly consider a pre-nup. You may also want to do a background check to see if there are other issues you need to be aware of.... Read Answer