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South Carolina Divorce Questions & Answers
2 Answers | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Family Law for South Carolina on
Q: How to obtain a divorce decree from 1982 in SC?

In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More

Christopher Biering
Christopher Biering
answered on Apr 12, 2025

Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More

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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation described, here are some potential options and considerations:

1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be... View More

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1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My divorce hearing is 2/23/2024 and my pregnancy due date is 6/15/2024. Can I put my boyfriend on the birth certificate?
T. Augustus Claus
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answered on Feb 8, 2024

In South Carolina, if your divorce is not finalized by the time of your child's birth, your husband is presumed to be the legal father of the child due to the marriage. This presumption can complicate putting your boyfriend's name on the birth certificate at the time of birth. However,... View More

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More

Christopher Biering
Christopher Biering
answered on Jan 11, 2024

For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More

1 Answer | Asked in Bankruptcy, Divorce and Family Law for South Carolina on
Q: I'm facing divorce and bankruptcy in S.C. Husband refuses to take any consumer debt share. We are trying to go the

uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the complex situation you have described, I would offer the following general guidance:

- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.

- If you accept... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

James L. Arrasmith
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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for South Carolina on
Q: What are the first steps for a divorce after 11-year marriage with agreed split custody?

I would like to start the process for a divorce after an 11-year marriage with two children. My spouse and I have agreed on split custody, and there are no assets to divide. There are no legal concerns or history of domestic issues. What should my first steps be in moving forward with this divorce... View More

James L. Arrasmith
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answered on Jul 11, 2025

Starting a divorce can feel overwhelming, but it helps that you and your spouse are on the same page about custody and assets. The first step is to file a petition for dissolution of marriage with the family court in your county. This is the formal way to begin the legal process. You’ll also need... View More

2 Answers | Asked in Immigration Law, Divorce and Family Law for South Carolina on
Q: Should I initiate divorce as a conditional green card holder in South Carolina?

I am a conditional green card holder currently separated from my spouse, living separately, with no divorce proceedings initiated yet. There are conditional agreements about my residency due to marriage, and both the year of separation and timing to remove conditions from my green card will occur... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jul 7, 2025

A conditional resident is required to apply jointly with his/her spouse for removal of conditions. A waiver of joint filing can be requested if a final divorce decree has been issued.

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1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Do I still have the right to receive alimony after 15 years?

I was divorced 15 years ago, and my divorce papers state that I am to receive $2700 a month on the first of each month. The agreement also states that if I remarry, my ex-husband is not required to pay alimony anymore. I have not remarried, and there has been no modification of the alimony... View More

James L. Arrasmith
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answered on Jul 6, 2025

You retain the right to receive alimony as long as the original agreement or court order remains in effect and you have not remarried. Since your divorce papers clearly state the amount and conditions, including that alimony ends only upon your remarriage, your entitlement continues until modified... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for South Carolina on
Q: Can I prevent roommates during visitation for my daughters' safety?

My divorce finalized on May 27, 2025, and my ex-husband has custody of our two daughters, aged 10 and 13, every other weekend. He recently rented out a room to a male co-worker he has known for about 2 years. I have concerns about this arrangement and discussed it with my ex-husband, but he insists... View More

James L. Arrasmith
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answered on Jul 6, 2025

Your concern is valid—your daughters’ safety during visitation is a matter the court takes seriously, even if your custody order does not explicitly address overnight guests. In the absence of a specific provision, your ex-husband has discretion over who resides in his home during his custodial... View More

1 Answer | Asked in Divorce, Business Law and Family Law for South Carolina on
Q: Can I be held responsible for my ex-spouse's 401k loan post-divorce in SC?

My divorce is final, and my spouse took money out of his 401k before we separated without my knowledge; his statements were sent to his mother's address and I was not listed on his account. In the divorce agreement, I was informed I would have to help pay back the 401k loan with my share, but... View More

James L. Arrasmith
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answered on Jul 6, 2025

If your divorce decree explicitly states that you are responsible for a portion of your ex-spouse’s 401(k) loan, then you may be legally bound by that agreement—even if you were unaware of the loan when it was taken. In South Carolina, once a divorce settlement is finalized and approved by the... View More

1 Answer | Asked in Divorce, Child Support, Child Custody and Family Law for South Carolina on
Q: How to respond to a divorce summons with evidence of adultery and child support considerations?

I received a summons for divorce from my spouse who is in Washington State while I reside in South Carolina. There is evidence of adultery on his part, including Facebook posts and text messages from 2021. He moved me and our children to South Carolina on the promise of joining us later that year.... View More

James L. Arrasmith
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answered on Jul 4, 2025

You must file your Response or Notice of Appearance in the Washington court that issued the summons within the time allowed (usually 20 days from the date you picked it up), so start by downloading the local Superior Court’s domestic forms and completing the “Response to Petition” to assert... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for South Carolina on
Q: How to proceed with purchasing marital land during separation in SC?

I am currently separated from my spouse, and we are being very cordial with one another. I want to purchase the land he bought while we were married, as it is near my family, and he does not want it. He would like me to reimburse him for the money he has already invested in it. We have separate... View More

James L. Arrasmith
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answered on Jul 4, 2025

You can begin by drafting a written purchase agreement that memorializes the price your spouse invested, the terms of reimbursement, and the closing date. Include a description of the land by parcel number and address and attach proof of his contributions as evidence of the reimbursement amount.... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Is returning home after a year during divorce considered abandonment?

I left the home a year ago because of getting a divorce and now want to return. There are no legal agreements in place for living arrangements, and the property is solely in my mother's name, with whom I plan to live. Is this considered abandonment?

James L. Arrasmith
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answered on Jul 4, 2025

Abandonment in South Carolina divorce law requires a spouse to willfully leave the marital home without intent to return and without providing support for at least one year.

Because you left to pursue a divorce and have maintained contact and financial contributions where possible, your... View More

1 Answer | Asked in Divorce, Estate Planning, Probate and Family Law for South Carolina on
Q: Does the estate go to the surviving spouse if the spouse died before divorce decree?

My spouse filed for divorce in South Carolina but was living out of state at the time. Unfortunately, they passed away prior to mediation and the issuance of a divorce decree. There are no children involved. There was a will, but it did not include the joint marital assets. The only relatives are... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're asking a very important question, and it’s understandable that emotions and legal concerns are deeply mixed in a situation like this. In South Carolina, if a spouse dies before a divorce is finalized—meaning before a final decree is signed—then the marriage is still legally... View More

1 Answer | Asked in Divorce, Contracts and Family Law for South Carolina on
Q: Can my spouse change life insurance beneficiary during SC divorce with court order in place?

I'm in the divorce process in South Carolina, and we've only had a temporary hearing so far. The court order states that neither party can cancel any insurance policies or dispose of any property. Despite this, my spouse has changed the beneficiary on life insurance policies. There was no... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're absolutely right to be concerned, especially when a court order is in place. In South Carolina, once a temporary order is issued in a divorce case that restricts changes to insurance policies or property, both spouses are legally bound to follow it. Changing the beneficiary on a life... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for South Carolina on
Q: How to file at-fault divorce in SC due to abuse and what forms are needed?

I want to file an at-fault divorce in South Carolina based on abuse. On February 28, 2025, my husband was arrested following a domestic dispute. I am aware of the residency requirements, and the divorce will be uncontested. I am trying to figure out what forms I need to submit to proceed with... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve already taken a strong first step by choosing to file based on abuse, and in South Carolina, physical cruelty is recognized as a valid ground for at-fault divorce. Since your husband was arrested after a domestic dispute, that event may help support your case. Because the divorce is... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Landlord - Tenant, Legal Malpractice and Family Law for South Carolina on
Q: How to enforce property deed transfer post-divorce?

I've been granted a divorce in Spartanburg County, SC, which includes sole custody of my two children, marital property, and child support from my ex-spouse. According to the divorce decree, my ex-spouse was to sign the deed of our house over to me once I paid off or refinanced the mortgage. I... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve already shown incredible patience and strength by navigating this process, and it’s not right that you're still fighting for what the court already granted you. Since your ex-spouse is refusing to follow the divorce decree and sign over the deed, your next step should be to continue... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Does South Carolina or Maryland have jurisdiction for our divorce?

I live in South Carolina, and my spouse has been living and working in Maryland for the past 13 years. We both hold South Carolina driver's licenses and are registered to vote in South Carolina. My spouse wants our divorce to be under Maryland jurisdiction, but I prefer South Carolina... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re in a unique situation, and it’s understandable that you want clarity on where your divorce should take place. Since you both still hold South Carolina driver’s licenses and are registered to vote there, that indicates a continuing legal connection to the state. Even though your spouse... View More

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