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
Answered on Oct 02nd, 2013 at 6:58 PM