South Carolina Divorce Legal Questions

         In South Carolina, your brother could get a divorce based on abandonment if she has left him and he hasn't seen her in at least a year.  Once the year is up he can file for divorce, but he will have to take some extra steps to show the court he tried to find her before proceeding without her.  ... Read More

        In South Carolina, an uncontested divorce does not exist.  What you are probably referring to is the one year separation as grounds for divorce.  In those cases, the fact that you have been separated for at least a year is the only grounds that have to be proven to be granted a divorce.  To answer your question, the divorce must be final before you get involved with another person, live with another person, date, etc.  If you do any of these things before the divorce is final, your spouse could change the grounds for divorce and allege adultery, because legally you are still married.... Read More

         If your husband stabbed you and is in jail, you can get a divorce.  If he is going to be gone more than a year, you can use the one year separation as grounds for divorce, which is the easiest way to get a divorce in SC, or if not, you could use spousal abuse as the grounds, though it requires more proof.  I am guessing this was not the first time he hurt you, so if you can get people to testify for you saying he hurt you before, or if there are other police reports where he was arrested or investigated for hurting you, you might be able to use spousal abuse as the grounds for divorce.  ... Read More

I am assuming you are basing your divorce on one year separation.  In South Carolina, you cannot get a divorce on this ground without a court appearance.  The person who filed at least must go to court along with a witness who can testify that you have been separated for a year without any reconciliations.  If the husband filed for divorce, then he must go to court.  The wife would not have to go to court unless she wants to change her name.  In that case, the wife must be there to testify that she wants to change her name.  The hearing can be very short, maybe 15 minutes, but the judge has to hear from at least the person filing for the divorce in order to sign the divorce decree.  ... Read More

There isn't a lot of facts to go on to answer your question fully, but here is what I think.  If he has left you in May of 2013, you can't file for divorce under abandonment until May of 2014.  If you can prove adultery, you could file for divorce now.  You don't say how long you were married, but if he started the company while you were married, you most likely could get part of the business.  While you may not be entitled to the house itself, the 100,000 he spent on it for his mistress should be counted as part of his assets so you might be entitled to some of the money he spent on it.  If it was a long marriage, he might have to pay you alimony as well.  ... Read More

   Alex, you are in a tough situation.  In South Carolina you can mail in the paperwork to start a divorce, and it costs $150 to file it, and $25 or so to have her served with the paperwork which is a requirement.  You should be careful, though because if she is pregnant, the court may assume you are the father and order you to pay child support, even if you don't have visitation since you are in Russia.  You will need a paternity test to determine if you are the father, which will cost more money.  If you are not the father, and haven't been with her since she got pregnant, you may be able to use adultery as your reason for the divorce, which will mean she can never get alimony from you, though with such a short marriage, it is not likely to be given to her anyway.  I hope this helps.... Read More

To answer your question, yes many of the papers you can find online will suffice for the paperwork needed to file for divorce.  However, they usually cost money to download.  If you go to the clerk of court for the family court of the county you live in, they usually have packets that they can give that contains the paperwork you need to file.  In South Carolina, you will also need a hearing before the divorce can become final.  It cannot be done with paperwork only.  ... Read More

Your question is very hard to answer without further details, like when was it that he called you?  Where did you last live together?  How long has it been since he left?  In South Carolina, divorce after he abandons you is called desertion.  He must have deserted you one year ago before you can file for divorce.  This is the same as the so-called "no fault" one year separation statute.  The difference is that if he deserts you, you may be able to gain some advantage with the court in the settlement process.  Also, if he has already found the woman he wants and needs, you may have grounds under adultery, which eliminates the need to wait a year.  Under adultery, you can file for divorce as soon as you know he is cheating.  ... Read More

There are many variables that are not present in your question.  I see you left your husband in August, but you don't say where you last lived with your husband, so I am assuming it is in South Carolina.  You don't say where your boyfriend's business is, so I am also going to assume it is in South Carolina.  If those are correct, then I am not sure why your husband wants to sue your boyfriend's business, and not your boyfriend.  In any event, you also don't say what he wants to sue him for, so I am assuming it is something like alienation of affection.  If all that is correct, then he will most likely not be successful, because I am not aware of a court that has upheld an alienation of affection lawsuit here in South Carolina in the recent past.  If he wants to sue for some other reason, the answer could be different depending on the facts.... Read More

You need to petition the court with a complaint and summons and also file a motion for temporary relief.  At the temporary hearing the court can establish who stays in the marital home, child support, child custody, alimony (if any) and other issues that need to be addressed on a temporary basis. However, you must be separated before you can file, not that it would be abandoment, but because the family court will not have jurisdiction unless and until you are separated.  There are exceptions to this, but the exceptions are few and narrow.  I am assuming there is no exception here since you didn't mention adultery or abuse.  You are right about having to be separated for one year before you can get a divorce if it is a "no fault" divorce.  However, if the wife and you have a full agreement on all issues and property settlement you can go ahead and make that a court order.  Or you can wait until the year is up and do the settlement agreement and divorce at once.  If there is no agreement then a trial will have to be set and it will take more than a year. ... Read More

In Arizona as a general rule you would not be entitled to the separate property of your husband, as he would not be entitled to your separate property. What this means is that you would not be entitled to any portion of his Federal Express retirement, if it was indeed entirely earned prior to your marriage. You should consult with an experienced family law attorney in your area to discuss this, and verify the dates of employment, etc. ... Read More

Yes your retirement is subject to equitable distribution.  If you earn a larger salary then her I would strongly suggest hiring a PI to prove adultery.  If you can prove adultery then you will not have to pay her alimony.  Alimony can be for her life time, your life time,  or until she remarries or lives with someone more than 90 days.  It can be quite costly.  ... Read More

In order to know what state would have jurisdiction it would be helpful to know where you were living when you two separated.  If you were living with him in North Carolina when you separated, and had established residency there, then yes, North Carolina would have jurisdiction over the case.  If you were still living in South Carolina when you separated, then South Carolina may be the proper court to have jurisdiction.  ... Read More

Do you have a temporary order from the family court?  If soand  each was ordered to keep the vehicle they were driving then he is in contempt.  If not t hen you need to file a Complaint for Separate Support and Maintenance so that you can prevent actions such as this.  There is technically no such thing as "marital property"  until a Complaint is filed with the court.  So if you are separated but have not filed anything there could be a lot of liability.  If your husband racks up debts, you may be on the hook for half the debt.  If he has money in your accounts he can spend it all and it would not matter because there is no court order to prevent it.  When you file a Complaint with the court then "marital property" is created.  You should  request a temporary hearing with your Complaint so that you can have some relief on a temporary basis.  You could ask for a restraining order wirh regards to all property and accounts.  You can get your vehicle back as well.   It does not matter whose name the vehicle is in.  It was purchased when you were married so it is considered marital property.  You may also be entitled to alimony, child support, and the marital home while you are waiting for the year to pass.  Also if your husband has you/children on his insurance policy he must maintain that until the divorce is final.  ... Read More

If there are temporary issues such as child custody, alimony, debts, etc then you need to file pleadings now so that those issues can be sorted out on a temporary basis.  If there are no issues that need to be resolved on a temporary basis then you need to wait and file when you have been separated for one year.... Read More

This answer does not create an attorney/client relationship.  I am a S.C. attorney and board certified internist.  There is no legal separation in S.C.  There is a separate maintenance and support action that can be approved by the family court.  With all due respect, you need a lawyer to straighten out this mess, as the information provided is sketchy at best.  You must decide if you want a divorce, and the grounds for the divorce.  A year of living at separate addresses and no sexual contact is a ground for a no fault divorce, and then the family court can equitably divide your property, award alimony if indicated, etc. 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 More

This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internal medicine doctor.  My advice to you is to hire a lawyer to petition the family court to end your alimony payments, but possibly recoup the last six months of alimony.  Remarriage terminates alimony, and I am concerned that you are just learning this.  I do not believe that you should handle this by yourself.  People differ in their abilities, so please do not take this as an insult, as each of us is blessed with certain abilities. 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 More

In a divorce, alimony is not limited to only the husband paying the wife.  It is a question of income, length of marriage, and many other variables.  If the wife made considerably more than the husband, and the marriage was a long one, the wife may have to pay alimony to the husband.  They are the same variables used in determining if a husband should pay the wife, though in many cases the husband made more than the wife did during the marriage.  ... Read More

This answer does not create a lawyer/client relationship.  If you wish to file for a divorce, you should hire a lawyer.   If your husband has committed adultery, you have grounds to file for a divorce.  He will not get your kids, and he may be ordered by the family court to pay your attorneys fees, alimony, and child support.  I advise you to get a lawyer, if divorce is what you want.  You are in control of your own destiny.  If the affair was only emotional that is not adultery, which may be proved by circumstantial evidence.  If the affair was sexual that is your grounds for divorce.  My advice as a S.C. lawyer and board certified internist is to speak to a lawyer about your options.  If you took him back, sadly, you must live with the consequences.  Love can not be forced.  It either exists or it does not.  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 More