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South Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for South Carolina on
Q: homeless now

Defendant shall vacate the marital residence as of the date of this hearing.Does this mean I'm not allowed in my home at all

Mary Jane Goodwin
Mary Jane Goodwin
answered on Jul 28, 2015

You need an attorney. If that is a court order, then you have to leave. If it's a pleading, it means that is what the other party is asking the court to do. There is not enough information here to provide an answer. You need an experienced divorce attorney. You will have to hire/pay an... View More

1 Answer | Asked in Divorce for South Carolina on
Q: Can my car just be taken from me

I just got married August 2014 but now i will be going through a divorce. When i got with my husband he had a car that he paid for. When he for another car he gave me his other one. All of this was done before we got married. i am on the registration and i pay the insurance myself. I have been... View More

Mary Jane Goodwin
Mary Jane Goodwin
answered on Jul 28, 2015

There is not enough information to answer this. If the car is marital property, it is subject to equitable distribution. It doesn't matter whose name it's in. You need an experienced attorney to represent you in your divorce.

1 Answer | Asked in Divorce for South Carolina on
Q: My husband is an alcoholic , has been unemployed for a year . He refuses to leave , what are my options?
Mary Jane Goodwin
Mary Jane Goodwin
answered on Jul 28, 2015

You can file for a divorce even though he is still in the home. The judge would then decide who has to leave. You need to hire/pay an experienced divorce attorney.

1 Answer | Asked in Divorce for South Carolina on
Q: my husband left me for another woman . have a sick father in nc and she stayed with him every time I went. adultery?

is this not grounds for adultery? He left with all the bills the truck he is driving is in my name. He will not pay insurance on it . What do I do?

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Yep. It sounds like adultery. You need to hire an attorney immediately so that your rights can be protected and a temporary hearing can be held to handle the problems you are having. Hire an attorney immediately.

1 Answer | Asked in Divorce for South Carolina on
Q: Can my wife be entitled to my 401k that I had set up before we met?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Not knowing all the facts from your question, generally, a spouse is entitled to 1/2 of all property gathered or gained during the marriage absent unusual circumstances. You need to hire an attorney to better evaluate your situation and protect your interests in the 401K.

2 Answers | Asked in Divorce for South Carolina on
Q: If im in the middle of a divorce and my girl freind gets pregnant can it be used against me?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 6, 2015

Yes, it possibly can be used to prove adultery. You need to hire an attorney to represent you on your divorce so that your rights can be protected.

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1 Answer | Asked in Divorce for South Carolina on
Q: It says in our divorce papers that I have to pay alimony untill she remarries. legally what do I do after she marries?
L. Wayne Patterson
L. Wayne Patterson
answered on Sep 26, 2013

In order to be sure that the termination of your alimony is properly entered with the court system, you should contact your attorney and have him file a petition for termination based on the remarriage.

This is general advice only and not legal advice. Please contact your own attorney for...
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1 Answer | Asked in Divorce for South Carolina on
Q: SC Divorce; Property entitlement

Would I be entitled to a portion of the value of items such as, boats, jet ski etc. my husband purchased during our 9 year marriage if he put them in his mother's name? (if I filed for a divorce) He has been the sole provider during our marriage and says I wouldn't be entitled to anything... View More

L. Wayne Patterson
L. Wayne Patterson
answered on Sep 26, 2013

Marital property includes all real and personal property the parties acquired during the marriage and owned as of the date of filing or commencement of marital litigation. S.C. Code Ann. § 20-3-630(A) (Supp. 2009). "The doctrine of equitable distribution is based on a recognition that... View More

1 Answer | Asked in Divorce for South Carolina on
Q: In sc if subpeoned to an attorneys office for a divorce case, what happens if you dont go or refuse to answer questions?
Evan Guthrie
Evan Guthrie
answered on Jul 3, 2012

You could be possibly held in contempt of court.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce...
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1 Answer | Asked in Divorce for South Carolina on
Q: How do file or present divorce papers to a spouse in mexico?

Been seperated 7yrs. Presently plantiff in sc. For 7 yrs. With one child 14yrs. Old

Spencer Richard McMullen
Spencer Richard McMullen
answered on Jul 30, 2014

You would have to have the local court send a request called a letter rogatory to the area where he is and then the court would serve him and give you a proof of service. If service is not done this way then service could be attacked at a later date.

1 Answer | Asked in Divorce for South Carolina on
Q: Is two side by side cabins, each with separate entrances and separate addresses considered being under one roof?

The rooms had adjoining doors which had locks on them and remained closed the majority of the time especially at night. My fiance was in one cabin with his kids and myself and my child in the other cabin. Is this a breech of "noone of the opposite sex under the same roof" under the divorce law?

L. Wayne Patterson
L. Wayne Patterson
answered on Dec 31, 2011

That is really pushing the envelope of a finding of contempt. I would anticipate a judge finding that was contempt of the standard restraining order against overnight paramours, especially since there is a connecting door.

1 Answer | Asked in Divorce for South Carolina on
Q: If i had a house befor i got married and it's in my name can my husband sell it
L. Wayne Patterson
L. Wayne Patterson
answered on Aug 27, 2011

No your husband cannot sell it. It is your separate property and only you can sell it. In a divorce, he may have a claim to a portion of the equity in the house depending on the circumstances.

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