Hi, I am divorcing my wife after being married 30 days. She is from Kenya and entered the US on a K-1 visa. If she leaves the US, she will not be able to re-enter. My question is, which type of divorce (fault or non-fault) would be best in this scenario, where she will not be able to appear at a... Read more »
I have been married a month to my wife who I brought to the U.S on a K1 visa from Kenya. I'm seeking a divorce in SC where we were married, because I've become aware of communication between her and another boyfriend she has back in Kenya. She plans on going back to Kenya once she has U.S.... Read more »
In South Carolina, there are five grounds for divorce. Four of these are fault based grounds: 1) Deserstion for more than one year; 2) Adultery; 3) Physical Cruelty; 4) Habitual Drunkenness. A fault based divorce will require one spouse to allege & prove the relevant marital fault of the other...Read more »
Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing
Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and...Read more »
I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know its... Read more »
Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause...Read more »
I'm in a marriage that is going to well but I have an idea for a patent and plan to file for a provisional patent in the next few days. Should I just get a friend of mine to take ownership until I'm sure I can own the patent safely.
My husband and his girlfriend has offered to pay their lawyer completely for our divorce. The thing is, is that during our separation I had a daughter with my boyfriend and now there is an issue of a guardian ad litem being appointed to my daughter who doesn’t biologically belong to my husband... Read more »
A child born during a marriage is by law presumed to be the child of the husband's. Therefore your divorce case must include your boyfriend as well as your husband as parties so that your boyfriend's paternity can be legally established and the presumption that your husband is the father can be...Read more »
He threatens to throw me out of our home and sell my vehicle. He is also threatening to remove me from our checking account and all access to funds. We have been married for 2 years. I am also currently unable to work pending carpal tunnel surgery I am needing as I am a hairdresser. What are my... Read more »
You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.
My children went to NM to stay with their dad for awhile. No court papers were filed. I want my children to come home because he has been withholding information regarding my kids. Schools health and everything that has to do with the kids. He won’t let the kids tell me anything. I don’t even... Read more »
How did you let the kids go without not knowing where they would be staying? Sorry to say but that was careless unless he has moved or given you wrong address. Please consult with a lawyer and a Private Investigator to locate your children and file a petition for custody. This will not be easy or...Read more »
My husband and I separated a year ago and I recently had a baby. I can't put the father's name on the birth certificate bc I'm still married. When I file the divorce papers, do I need to put my second child down as well? And request sole custody for him since he isnt biologically his?
In SC a child born during a marriage presumes the father is your husband. For this reason this child does need to be included so the Divorce Decree will address the paternity snd name the natural father. Snydebts accumulated during the marriage are presumed to be marital debts so they need to be...Read more »
To prove the grounds of adultery in SC it must be by corroborated evidence. This means another person must be able to testify along with you or another witness that they observed what appears to be adulterous conduct by circumstantial evidence . this evidence can be as little as observing his car...Read more »
Are you going for agreed divorce or planning to get through the court. The moment you formally approach the SC-Court, status or decision for temporary custody of 10-months old child can be decided on same day if your Attorney submits a motion to decide it same day.
An uncontested, no-fault divorce is generally most easily achieved after the parties have been separated one full year. I still recommend hiring an attorney to help with this process. Getting divorced in SC, among other requirements, entails filing and serving a complaint, giving testimony in...Read more »
According to the online calculator, it looks as if no money would exchange hands anyway but I wanted to be sure since we are both representing ourselves. We are able to co-parent successfully and have maintained a joint custody arrangement since our separation three years ago. We would like to be... Read more »
Maybe. The legal standard is what's in the best interest of the child. You can call the SC Bar and ask for a referral to an attorney in your county, then call them. If they agree to a short and free consultation, you can pose the question and perhaps get more information.
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