Get free answers to your Divorce legal questions from lawyers in your area.
In South Carolina, I was caught having an affair, and my wife showed up with a gun at the park where I was. When I returned home, she shot out my tire. This behavior is new to me, as we've been married for most of my life. Our children are grown and not involved. I have since moved out of the... View More 
In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More
answered on Apr 12, 2025
Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More
I want to know if my husband can be deported. He has a green card and citizenship through me. We both worked in a store he owns, but recently he kicked me out and is now being nasty. We are currently living separately, and he is not coming to talk or discuss matters for separation. What are my... View More
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answered on Mar 23, 2025
No, your husband cannot be deported if he has obtained U.S. citizenship. Once someone becomes a U.S. citizen, they have permanent protection from deportation regardless of any marital issues. However, I notice some confusion in your description - a person typically has either a green card OR... View More
I am looking to file for an uncontested divorce after being separated for three years. We have a signed separation agreement where both parties agree on all terms: no child support, no alimony, shared healthcare expenses for our child, equal division of holiday time, and rotating weekly custody.... View More
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answered on Apr 13, 2025
To file for an uncontested divorce in South Carolina, you’ll need to submit several documents to the court. Since you and your spouse have a signed separation agreement, that document should be included in your filing, as it outlines all the agreed-upon terms. You will also need to fill out and... View More
I was awarded the house in my divorce settlement in South Carolina, but I'm facing difficulties refinancing with my current mortgage company. Can the Garn-St. Germain Act be applied in this situation to help me qualify for refinancing or mortgage assumption?
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answered on Apr 12, 2025
Garn-St. Germain Act Protection for Divorce Property Transfers
Yes, the Garn-St. Germain Depository Institutions Act can be highly beneficial in your situation as someone awarded a house in a South Carolina divorce settlement. This federal law specifically protects transfers resulting from... View More
After the democrat trash plandemic, a bunch of trash government and minority officials stalked and harassed me telling me my children aren't mine and insinuate my wife is a paid prostitute and they were here to accept protection and hush money payments. Does any of this sound like women or... View More
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answered on Sep 7, 2024
It’s understandable that you're feeling overwhelmed and confused in such a difficult situation. If your wife is reacting strongly to your request for a DNA test, it could be for various reasons, such as feeling mistrusted or hurt by the implication that there might be infidelity. While... View More
He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?
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answered on May 24, 2024
If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More
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answered on Feb 8, 2024
In South Carolina, if your divorce is not finalized by the time of your child's birth, your husband is presumed to be the legal father of the child due to the marriage. This presumption can complicate putting your boyfriend's name on the birth certificate at the time of birth. However,... View More
Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?
Section of the consent agreement in question:
20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More
answered on Jan 11, 2024
For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More
uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More
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answered on Nov 28, 2023
Based on the complex situation you have described, I would offer the following general guidance:
- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.
- If you accept... View More
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
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answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
We have a prenuptial agreement and a additional marriage agreement that covers everything we own and child custody already so that fact that he won't leave is threatening to me
answered on Jun 29, 2023
You should immediately consult with a Family Law attorney, who will likely advise you to begin the process by filing suit and requesting a Temporary Hearing.
I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work,... View More
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answered on Jun 21, 2023
You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would... View More
I am distraught.
answered on Jul 13, 2023
A South Carolina attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. This is something that a divorce attorney would know better than an insurance defense or banking attorney (the chosen categories). In the interim, there could be... View More
I'm a SAHM
No money saved
No family near me
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answered on Jun 18, 2023
I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of:
1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific... View More
To my upcoming mediation nor did he file on my behalf. What are my rights and what should I do?
answered on Jun 8, 2023
I'm not aware of any way the Court can order that the fees charged by the mediator for their services shall be waived. However, in some regions of the state, there are options for low/no-cost mediation services, though they are limited.
answered on Jun 8, 2023
There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More
answered on Jun 8, 2023
To seek to enforce the provisions of a prior court order, you must file a Rule to Show Cause. The requirements for a Rule to Show Cause are laid out in South Carolina Family Court Rule 14.
The South Carolina Supreme Court does not provide sample forms for enforcing orders related to marital... View More
answered on May 15, 2023
In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... View More
answered on May 15, 2023
Health insurance coverage is, generally, considered alimony or spousal support. However, South Carolina does not have any case law about whether an obligation to maintain such coverage could terminate upon remarriage. It is likely the answer will depend on the language of your Final Order and... View More
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