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South Carolina Divorce Questions & Answers
0 Answers | Asked in Divorce for South Carolina on
Q: Told my wife I want a divorce. We don’t have kids. She doesn’t want to separate & recently made a threat.

Got married in NY in 2018. Moved to South Carolina in March 2021. Bought a house with my partner in Jan 2022. We’ve been growing apart for years & I kept hoping it would get better. It hasn’t. She drinks regularly (6 white claws a night on average, 12 this past Saturday) & has become... View More

0 Answers | Asked in Divorce, Family Law and Real Estate Law for South Carolina on
Q: My husband filed for temporary relief in court. What does this mean?

He is trying to get me out of our marital home to sell it. He has filed in the court system, but hasn’t served me yet. If he can’t serve me does the hearing still move forward? Will the judge make me move with my 2 children? What do I do to stop this he makes more money then I do but I am... View More

0 Answers | Asked in Divorce and Domestic Violence for South Carolina on
Q: Can my husband file for divorce right away if I was arrested for Domestic violence in the 1st degree?

I was arrested for DV 1st degree I have not had my court date yet and have spent my savings on a attorney. My husband filed something in court but hasn't had me served. He stated it was for divorce, but we own real estate that needs to be settled before we can even start a divorce. He also has... View More

0 Answers | Asked in Divorce for South Carolina on
Q: Are you familiar with SC family laws? If so, how long do I have to wait for a response from a spouse for a divorce?

I sent the papers via certified mail in June and no response. I had the sheriff in her county serve her on 8/17. Which date do I count from?

1 Answer | Asked in Divorce for South Carolina on
Q: I've told my hus. 2 leave 3 times b/c R marriage is over, but he won't go & I'm scared. What can I do?

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

Zach S. Naert
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Zach S. Naert
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.

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: What steps can I take towards divorce as my husband does not want to accept that I do not want to continue this marriage

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

Allan Baron
Allan Baron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Divorce, Military Law and Family Law for South Carolina on
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.

I'm a SAHM

No money saved

No family near me

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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1 Answer | Asked in Divorce for South Carolina on
Q: My current divorce attorney failed to inform me that I could have filed fie a waiver of fees pertaining

To my upcoming mediation nor did he file on my behalf. What are my rights and what should I do?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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.

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
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Megan Hunt Dell
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

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: How do I file a motion we're my ex wife is not doing what the judge ordered in Marital property without a attorney
Megan Hunt Dell
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Megan Hunt Dell
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...
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1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband left me 2 months ago and I would like to purchase a home. Can I purchase it without it becoming marital asset
Megan Hunt Dell
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Megan Hunt Dell
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

1 Answer | Asked in Divorce for South Carolina on
Q: Is partial health insurance payments considered alimony ? Is remarriage grounds for terminating the payments?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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

1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

1 Answer | Asked in Divorce for South Carolina on
Q: My wife and I sold a house in Massachusetts moved to South Carolina. We are having problems in our marriage

We bought a house in South Carolina no mortgage but she’s the only one on the title. I am not. She’s trying to force me to move back to Massachusetts because we are having problems with her daughter. She saying she does not wanna divorce, but wants me to move back to Massachusetts. I’m... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

It is unclear how long you and your wife have lived in South Carolina, and that is an important fact for determining whether the Family Court would have authority to address any issues in a divorce between you and your wife. Assuming you have both lived here for at least 3 months, then the... View More

1 Answer | Asked in Divorce for South Carolina on
Q: If the defendant in a divorce hearing in SC is in default, will it matter if he does not show up to the final hearing?

I live in SC. I filed for a divorce--super easy nothing to split and joint custody, no disputes. Defendant also wants a divorce, been apart for over 4 years. However, he did not turn in the required paperwork and has not responded if he will attend the hearing. Will this be a problem if he does not... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 28, 2022

Under Family Court Rule 17, the judge can hold the Defendant in default and grant the relief requested by the Plaintiff, even if the Defendant does not appear at the hearing; provided, the Defendant must have been given proper notice of the hearing (which, for a final hearing, means the notice has... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Military Law for South Carolina on
Q: In SC I am a military member, my spouse is smoking pot illegally and harassing me with it because he knows I can't smoke

By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 28, 2022

There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.

1 Answer | Asked in Divorce for South Carolina on
Q: Can I file for a divorce without the spouse signature?

I was married in NYC, but lived in SC for almost a year. He refuses to sign papers.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, you do not need your spouse's signature to file for divorce. However, if your spouse does not live in South Carolina, it may be more appropriate to file in a different state, but there are not enough facts here to determine the best jurisdiction.

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Should a father file for divorce or child abandonment first. Mother abandoned children and spouse 10 years ago.

Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... View More

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