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

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.

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.

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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answered on Sep 6, 2022

Were they already filed? If not, you can file anytime. If they have been filed, you can still file your response so long as the other side has not already filed a default judgment against you.

Certified mail with return receipt *is* one way to personally serve a Defendant. However, it's impossible to know the rules for service were followed without looking at the documents themselves.

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... View More

If your court order requires the two of you to file jointly, then you could seek to have your ex held in contempt for violating the order. The mechanism to do so is called a Petition for Rule to Show Cause. The procedure is laid out in Family Court Rule 14.

If you already have an order entitling you to alimony, absent some specific language in an agreement/court order, then seeking a divorce should not change your entitlement to alimony. You should consult an experienced family court attorney who can review your documents and provide you more specific... View More

There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a... View More

The question that a Family Court judge will need to answer is whether the home you purchased before marriage has been "transmuted" to marital property. The analysis on that issue is very fact-intensive. If your pension was accrued before the marriage, then she may not be entitled to any... View More

S.C. Code Ann. Section 20-3-660(A) allows the Clerk of Court to sign documents on behalf of the parties, and I believe you can ask the Court to direct the Clerk to do so by bringing a motion under Rule 70, SCRCP.

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.

Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.

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.

The default rule is that an assets value should be determined as of date of filing of a case. That being said, there are exceptions and your should consult with an attorney in your area on this subject.

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

The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

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.