QUESTION
What state do I file divorce in I am in the military stationed in SC, but have an AL drivers license and residence there?
Asked on Nov 27th, 2016 on Divorce - South Carolina
More details to this question:
I have a spouse is in AL with 2 of my 3 kids. I would like to know what state I should file for divorce in? My spouse wants to stay married on paper for benefits but has abandoned me and my oldest son and our home in SC taking my 2 youngest kids. She has a disability case pending in SC and she has SC drivers license and has no way to support the kids other than me and relying on her parents. She was supposed to go there for the summer and then didn't come back.
1 ANSWER
After a person has resided in South Carolina for one year, South Carolina has jurisdiction to grant a divorce. Because of the "split" of the children, jurisdiction for purposes of custody would be addressed in a potentially a different manner. The last 6 months residence of a child can be a controlling issue for custody proceedings. Many situations provide opportunity for filing in multiple states. When a litigant could file in multiple states the case should be reviewed for possible benefits in either state. For example, some states have more favorable laws for alimony, defense of alimony, custody, or division of assets.
Answered on Nov 27th, 2016 at 3:21 PM
Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com