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South Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for South Carolina on
Q: I live with my girlfriend our son and her daughter from another marriage we have been together for 6 years

I live with my girlfriend we have a son together and she has a daughter which I never adopted I am the only one that works in the household my question is would I have to pay alimony if we split I'm ok with child support also would she be able to take him out of state I have also decided I... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

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

1 Answer | Asked in Divorce for South Carolina on
Q: Ex husband bought new home prior to final divorce. Do I have legal rights to it? I signed no paperwork regarding it

Divorce final 7/15/2020, he closed on home 6/2020. Do I have legal rights to it since it was closed on prior to the divorce being finalized?

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

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.

1 Answer | Asked in Divorce for South Carolina on
Q: My husband wants a divorce. He has moved out of the house. What shall I do?

He has been gone for six months but he has agreed to continue to pay the mortgage and our car payments. I suspect infidelity but I don't have proof. What will be the right approach for me in this matter

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

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... Read more »

1 Answer | Asked in Libel & Slander, Divorce, Employment Law and Family Law for South Carolina on
Q: Can my husband get me for abandonment if I move out of the home because he has a girlfriend.

has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

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.

2 Answers | Asked in Divorce for South Carolina on
Q: When would the monetary value of a residence be determined for divorce? At the time of separation or divorce
Ryan D Templeton
Ryan D Templeton answered on May 4, 2021

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.

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2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Hector E. Quiroga
Hector E. Quiroga answered on Apr 12, 2021

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.

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1 Answer | Asked in Divorce and Immigration Law for South Carolina on
Q: I am seeking a divorce from a non-citizen. He was deported over 4 years ago. Which type of divorce should I file for

Married less than 1 year when deportation occurred.

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

While you were married for a short period of time, I do not believe that annulment is an option. File for an absolute divorce. I do not think this will be an issue in light of the circumstances. You do need to speak to a SC family law attorney, since serving your former spose could be an issue. Was... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: How can I assure my ex pays me the $15,000 he promised to pay after sale of house?

The divorce decree states my ex must pay me $15,000 from sale of property. However, it does not specify when he has to pay this money following the sale of the house. The property just sold and I'm being asked to sign away ownership. How do I assure he pays?

Dan Deeds Kienker
Dan Deeds Kienker answered on Oct 11, 2020

To provide a thorough answer I would have to review the Divorce Decree and Court Order approving the Agreement between you and your ex-Husband. Most Agreements as part of the dissolution of a marriage will specify exact date(s) when some event must occur. For example, in a case involving minor... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Same sex marriage, but had a baby during separation. Do I have to establish she is not the parent due to S.C. law?

Separated from my wife for almost 3 years and have since had a baby with my boyfriend. I was hoping to file for quitclaim deed to remove her from house and no fault divorce, but she is unresponsive. Attorney advised I would have to bring my baby and boyfriend into the situation and establish... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

Your situation will become complicated because of your child so i would recommend contacting an attorney in your area to help you through this process.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Am I able to sell my house (prior to divorce being finalized) if it was given to me in the separation agreement?

SC Residency

Ryan D Templeton
Ryan D Templeton answered on Jul 16, 2020

If a final order of separate support and maintenance has been approved by the Family Court giving you ownership of a marital home then you are fine selling the home. I would recommend consulting with your family court attorney or a real estate attorney in your area in you have any further questions.

1 Answer | Asked in Divorce for South Carolina on
Q: Married in Florida but now living in South Carolina, which state would my spouse and I file for divorce?
Ryan D Templeton
Ryan D Templeton answered on May 20, 2020

State law provides time requirements on residency before you can file an action for divorce in a SC courts. See SECTION 20-3-30. Residence requirement.

In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for South Carolina on
Q: DSS removed my child due to a positive drug screen that is not accurate due to a medication I'm prescribed

I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 4, 2020

What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.

1 Answer | Asked in Bankruptcy and Divorce for South Carolina on
Q: Ex filed ch. 7. Can I file a motion to have property settlement money owed me and alimony exempted from discharged debt
Timothy Denison
Timothy Denison answered on Mar 10, 2020

You don’t even have to file a motion. All those things are already exempt from discharge under the Code!!!

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I'm mentally ill and can't support myself financially but need to live separately to get a divorce, what do i do?

I'm a woman and i'm basically very anxious and struggle with borderline personality disorder, eating disorder, panic disorder. my mental and physical issues make it impossible for me to keep a normal job, i have no family here or friends so i have no place to stay but we both want to get... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

In South Carolina in order to get a divorce you must allege a fault ground or a no fault ground. No Fault is living separate and apart for one year. Fault based grounds are adultery, physical abuse, habitual drunkenness or drug abuse, or abandonment. If none of the Fault based grounds apply to you,... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I am separated from my wife due to her wanting out of the marriage. What rights does she have to take kids when she says

She was starting a relationship outside the marriage and after an arguement she left and has been staying at her Dad's house. We tried to work things out between us and it didnt work. Now she tells me she wants nothing do do with me and that she wants to get her kids when she wants and that I... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 31, 2019

I would recommend contacting a local attorney so that you can get a family court order in place laying out the rights between you. The sooner that you do this they smoother the process will go because until there is a family court order in place she still can come to the house and has full rights... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband and I are separated and he still keeps coming into my apartment. Can I stop this?
Ryan D Templeton
Ryan D Templeton answered on Oct 29, 2019

If there is an order in place to live separate and apart you certainly have the right to go back to the family court on a rule to show cause. if you do not have an order in place that is going to be the best process for keeping him out of the apartment. Contact a local family court attorney where... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

1 Answer | Asked in Divorce for South Carolina on
Q: Does my ex have legal rights to repossess a car we are both on the loan for?

He is on the car loan as primary and I am the cosigner. He has his own car and I drive and make payments on this vehicle. The insurance is also in both of our names. We lived together for 12 years. He keeps trying to repossess the car and hold it over my head to force me to sign mediation paperwork... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

If you are married you need to file a matter in family court to deal with all of the custody and property issues between you. That being said, absent a court order if both of your names are on the title to the car you have equal rights to drive the vehicle.

1 Answer | Asked in Divorce for South Carolina on
Q: My ex is slow mailing the papers back! He does not care that they are time sensitive! What do I do?

I filed for divorce in June. The plan was to serve my ex via publication. However, mysteriously out of the blue his "fiance" contacted me, offering to file for the divorce and pay for it. I already filed. She insisted the papers be served to my husband via email instead of publication,... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

It sounds like you have an attorney so he/she is going to be the best person to advise you on your steps going forward. Your attorney knows all the facts of your case.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: husband left no paperworks filed can he force me to leave home to rent or sell it ,my name is not on the place.
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 16, 2019

No, you both have a right to be in the marital home unless and until the family court grants to the home to one of you in a court hearing.

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