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South Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce, Estate Planning, Family Law and Military Law for South Carolina on
Q: In SC I am a military member, my spouse is smoking pot illegally and harassing me with it because he knows I can't smoke

By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 28, 2022

There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.

1 Answer | Asked in Divorce for South Carolina on
Q: If the defendant in a divorce hearing in SC is in default, will it matter if he does not show up to the final hearing?

I live in SC. I filed for a divorce--super easy nothing to split and joint custody, no disputes. Defendant also wants a divorce, been apart for over 4 years. However, he did not turn in the required paperwork and has not responded if he will attend the hearing. Will this be a problem if he does not... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 28, 2022

Under Family Court Rule 17, the judge can hold the Defendant in default and grant the relief requested by the Plaintiff, even if the Defendant does not appear at the hearing; provided, the Defendant must have been given proper notice of the hearing (which, for a final hearing, means the notice has... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Q: Should a father file for divorce or child abandonment first. Mother abandoned children and spouse 10 years ago.

Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Can I file for a divorce without the spouse signature?

I was married in NYC, but lived in SC for almost a year. He refuses to sign papers.

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 11, 2022

In South Carolina, you do not need your spouse's signature to file for divorce. However, if your spouse does not live in South Carolina, it may be more appropriate to file in a different state, but there are not enough facts here to determine the best jurisdiction.

1 Answer | Asked in Divorce for South Carolina on
Q: Me and my husband signed divorce papers but I never got around to turning my copies in what do I need to do

It's been about 4 months since the papers were signed can I just take them to the court house or do I need to refile altogether

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 6, 2022

Were they already filed? If not, you can file anytime. If they have been filed, you can still file your response so long as the other side has not already filed a default judgment against you.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Divorced June 2011, ex has filed to stop alimony. I rent from male friend. Can I bring up his wrong financial statement.

I did not want my divorce. My ex promised if I would not file for my rightful half of marital property that when my (alone) adult daughter's moved out due to divorce ( because we had problems getting them out on their own ) then he and I would reunite because he loved me but he needed to get... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Im granted alimony during my separation, does it carry over after the divorce or do I have to renegotiate it?

My ex doesn't want to pay alimony, do I automatically get it when I file the final divorce proceedings or do I have to show again that I need it.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If you already have an order entitling you to alimony, absent some specific language in an agreement/court order, then seeking a divorce should not change your entitlement to alimony. You should consult an experienced family court attorney who can review your documents and provide you more specific... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for South Carolina on
Q: Going through divorce. I signed my part on our taxes. He did not. Family law judge court ordered us to file jointly.

I did my part, he did not. Since still married its hurtingt me. I also wasn't able to get child tax credit nor will I anymore due to the fact my soon to be ex husband did not sign so therefore we didn't file our taxes. Court ordered by family law Judge we file jointly. I did my part. He... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If your court order requires the two of you to file jointly, then you could seek to have your ex held in contempt for violating the order. The mechanism to do so is called a Petition for Rule to Show Cause. The procedure is laid out in Family Court Rule 14.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for South Carolina on
Q: When going through divorce, other party doesn't do their part in discovery at all. Is that illegal?

I had family law attorney. My ex said I committed adultery which is false. His attorney said I was barred from spousal and alimony. Yet going on almost a year now no proof shown. My ex didn't do nothing in discovery for mediation. The attorney I had gave him more time to get in. My ex and his... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: My wife lives in South Carolina and I live in New York. She sent me online paperwork filing for a divorce. I received t

Those papers by registered return receipt thru the regular mail. I had to sign for them.

My question is did she serve those papers properly? Thanks

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Certified mail with return receipt *is* one way to personally serve a Defendant. However, it's impossible to know the rules for service were followed without looking at the documents themselves.

1 Answer | Asked in Divorce and Child Custody for South Carolina on
Q: can both parents agree outside court I have sole physical custody and sole discretion of visitation?

shared legal custody and I have sole physical custody.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: In the state of south Carolina if my baby daddy gives up his parental rights will he still have to pay child support?
Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

1 Answer | Asked in Divorce for South Carolina on
Q: Can we hold a deceased ex wife and deceased ex husband in contempt of court for not following a divorce decree?

4 heirs to a property but due to the divorce just prior to death and time since death, probating the property is not a simple process. The divorce decree stated that the property was to be conveyed to the children and all documents to do so be signed immediately. This did not happen. Now the... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

S.C. Code Ann. Section 20-3-660(A) allows the Clerk of Court to sign documents on behalf of the parties, and I believe you can ask the Court to direct the Clerk to do so by bringing a motion under Rule 70, SCRCP.

1 Answer | Asked in Divorce for South Carolina on
Q: I've been married for 3 years and its turned into a verbally abusive relationship

I retired 2 years ago from a career I had for 36 years ,I used the proceeds that I earned prior to the marriage to purchase a home and have used proceeds prior to marriage to make home improvements , she hasn't worked in 2 years ,although she is capable. I receive a considerable pension along... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

The question that a Family Court judge will need to answer is whether the home you purchased before marriage has been "transmuted" to marital property. The analysis on that issue is very fact-intensive. If your pension was accrued before the marriage, then she may not be entitled to any... Read more »

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
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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
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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
PREMIUM
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
PREMIUM
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
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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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