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!
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.
Married less than 1 year when deportation occurred.
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 »
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?
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 »
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 »
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.
SC Residency
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.
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... Read more »
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 »
What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.
You don’t even have to file a motion. All those things are already exempt from discharge under the Code!!!
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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.
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.
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 »
It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.
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... Read more »
This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.
Small amount of property, house is in his name, cars are too. I do not want a divorce, how do I protect myself
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... Read more »
Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
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... Read more »
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