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Questions Answered by Megan Hunt Dell
1 Answer | Asked in Divorce for South Carolina on
Q: Ex husband bought new home prior to final divorce. Do I have legal rights to it? I signed no paperwork regarding it

Divorce final 7/15/2020, he closed on home 6/2020. Do I have legal rights to it since it was closed on prior to the divorce being finalized?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

In the order granting you a divorce, the Family Court likely also addressed the division of assets and debts. In very limited circumstances there is a possibility of addressing assets that were not disclosed before the divorce was granted.

1 Answer | Asked in Divorce for South Carolina on
Q: My husband wants a divorce. He has moved out of the house. What shall I do?

He has been gone for six months but he has agreed to continue to pay the mortgage and our car payments. I suspect infidelity but I don't have proof. What will be the right approach for me in this matter

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

The right approach will depend a lot on what your goals are. Because the two of you are living separately from each other now, you could file an action for separate support and maintenance with the Family Court, regardless of whether you have proof of adultery. A lawyer experienced with divorces... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for South Carolina on
Q: Can I possibly takeover custody of a baby that dss placed with his aunt?

He was born addicted to cocaine. Dss placed him with his aunt . I am not a blood relative. But my kids are. So dss placed him with her but I have him 6 nights a week and she has him 1. When thwy went to court back in Jan, his guardian ad litem asked the judge to place him with me. But instead they... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

Under South Carolina law, when children are removed from a home, there is an order of preference for where the children should be placed (with family or not). If you wish to seek custody of this child, you should seek the advice of a lawyer experienced with DSS cases and third-party custody claims.

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: I would like to be adopted by my step dad. I am almost 50 now my mother is passed away. But I have always had this need
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

South Carolina Family Court will allow an adult to be adopted by another adult. You should seek the advice of a lawyer who is experienced in handling adult adoptions.

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I'm unwed with a child and would like to know what my legal right are with my child? father not pay chd sup. no vistati

Father not paying child support or rarely see his child. Father residence is in Georgia

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... View More

1 Answer | Asked in Family Law for South Carolina on
Q: DSS showed up on false allegations..

DSS showed up with no paperwork, stating a false allegation from someone who has done this to me twice before.. demanded my husband and I take hair follicle and instant urine the following day.

Did what was directed, it's been a week now and I have not heard anything at all.... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

Your husband should have a consultation with a lawyer who is experienced in defending allegations made to DSS.

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: Hi my brother in law is behind in child support from 2 of his exes.... the main problem here, is that for one case, the

mother is, i believe, incarcerated and also the 2 girls are above 18 yrs of age...in the 2nd case his other 2 kids with a different mother, she no longer has them, and she never let him talk to or see their kids just to be cruel....he needs advice bc the lady at family court told me that he... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

He needs to seek a consultation with a lawyer experienced in child support cases.

1 Answer | Asked in Libel & Slander, Divorce, Employment Law and Family Law for South Carolina on
Q: Can my husband get me for abandonment if I move out of the home because he has a girlfriend.

has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.

2 Answers | Asked in Divorce for South Carolina on
Q: When would the monetary value of a residence be determined for divorce? At the time of separation or divorce
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

Generally, assets are valued based on the date when the case is filed with the Family Court. If the case is filed long after a separation occurs, then the date of separation may be used instead.

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2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 7, 2021

It is very hard to prove the existence of a common law marriage in South Carolina. If you are able to prove that you were common law married, then you could also request alimony. Child support can be requested regardless of whether the two of you were married. Immigration status does not affect... View More

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