QUESTION

In a contesed divorce, does te defenant have to show up if a mutual agreement has been met and filed wth the couts?

Asked on Sep 28th, 2013 on Divorce - South Carolina
More details to this question:
I live in South Carolina and am divorcing on the grounds of adultery.
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1 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
Answered on Sep 28th, 2013 at 5:42 PM

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