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South Carolina Divorce Questions & Answers

1 Answer | Asked in Divorce, Family Law and Immigration Law for South Carolina on

Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?

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 »

Allen C. Ladd answered on Jan 4, 2019

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.

1 Answer | Asked in Divorce and Immigration Law for South Carolina on

Q: I am divorcing my wife, who's here on a K1 visa. If she leaves the U.S., how will she attend the final divorce hearing?

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 »

Hector E. Quiroga answered on Dec 17, 2018

This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.

1 Answer | Asked in Divorce for South Carolina on

Q: Married less than two years, husband wants out of it, what grounds does he have?

Small amount of property, house is in his name, cars are too. I do not want a divorce, how do I protect myself

John W. Molony answered on Dec 7, 2018

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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on

Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?

Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.

Cheryl Ann Truesdale answered on Nov 26, 2018

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.

1 Answer | Asked in Family Law, Divorce and Child Custody for South Carolina on

Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband

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

Cheryl Ann Truesdale answered on Sep 28, 2018

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 »

1 Answer | Asked in Divorce for South Carolina on

Q: I got married Feb.01,2017 only to find out that he was still married to another woman. I need to know what I need to do?

T. J. Jesky answered on Sep 24, 2018

Before we proceed, there are a few exceptions that would prevent this from being bigamy.

1) When he married you was his absent for 7 years, e.g. at sea, continually absent where he did not know his wife was living within that time;

(2) He or she was married before the age of...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on

Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers

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 »

Cheryl Ann Truesdale answered on Sep 5, 2018

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 »

1 Answer | Asked in Divorce, Family Law and Patents (Intellectual Property) for South Carolina on

Q: Hello, If I'm wanting to file for a patent how can I protect it in case I have a divorce?

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.

Peter D. Mlynek answered on Aug 24, 2018

This is an interesting question, that has more to do with family law than patent law. But here are a few points:

Once a patent issues, then the patent is considered a personal property, just like a bank account, a car, or an art collection. Whenever there is a divorce, the property is...
Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on

Q: Is there any way to get around a guardian ad litem during a divorce in South Carolina?

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 »

Cheryl Ann Truesdale answered on Jun 27, 2018

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 »

1 Answer | Asked in Divorce and Family Law for South Carolina on

Q: My husband and I have a 9 month old child and I do not work. We both agreed for me to stay home with the child.

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 »

Cheryl Ann Truesdale answered on Feb 14, 2018

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.

1 Answer | Asked in Child Support and Divorce for South Carolina on

Q: My question is can i seek for backchild support if I never have requested it for the past 6 yrs?

My husband and I have been seperated for going in 7 years and he hasnt paid anything toward his sons well being.

Wesley Stoddard answered on Dec 12, 2017

Child support will be set at the Judge's discretion but my experience is that most Judges will not award

you past child support in this instance if there was no previous order awarding it to you.

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on

Q: Help!!!

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 »

Stephanie E. Emanuel answered on Dec 10, 2017

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 »

1 Answer | Asked in Divorce for South Carolina on

Q: In the state of SC can you get an annulment after 5 months after finding untruths or do we have to file for a divorce?

I want to get the quickest divorce possible before it causes anymore heartache for me and my children from another marriage. I was fooled.

Wesley Stoddard answered on Dec 5, 2017

You would have to file a petition for an annulment and serve the spouse. It will be necessary to have a short hearing to prove the grounds and that the marriage has not been consummated.

1 Answer | Asked in Child Custody and Divorce for South Carolina on

Q: If the child isn't biologically his, does the child have to be mentioned in divorce papers for custody?

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?

And... Read more »

Wesley Stoddard answered on Nov 26, 2017

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 »

1 Answer | Asked in Divorce for South Carolina on

Q: If I have a picture of my husband car at a lady's house and saw them together I have the tag number is that proof adulte

Wesley Stoddard answered on Nov 14, 2017

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 »

1 Answer | Asked in Divorce and Child Custody for South Carolina on

Q: My husband and I are getting a divorce in SC. haven't been to court yet, who gets temporary custody of our 10 month old?

We also share a home how will we decide who gets to stay?

Salim U. Shaikh answered on Oct 4, 2017

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.

It's not clear whether...
Read more »

1 Answer | Asked in Divorce for South Carolina on

Q: What's the easiest route to take for a wife and husband who want a divorce without fighting for property, alimony, etc.?

Taylor Silver answered on Aug 17, 2017

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 »

1 Answer | Asked in Child Support, Civil Litigation and Divorce for South Carolina on

Q: Will a judge order joint custody with no exchange of money in a self lititgated divorce? All issues are agreed upon

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 »

Marjorie Simmons answered on Aug 25, 2016

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.

1 Answer | Asked in Divorce and Social Security for South Carolina on

Q: divorce after 23 years, will I still be entitled to draw off my husbands social security if I DO NOT REMARRY.

Marjorie Simmons answered on Jul 15, 2016

That's a good question: the Social Security Administration (SSA) has information online for divorced spouses:

Retirement benefits:

Survivor's benefits:

For retirement...
Read more »

1 Answer | Asked in Divorce for South Carolina on

Q: husband ordered to pay wife's attny. wife already paid attorney. what assurance does wife have to b reimbursed by attny?

If husband pays attorney and attorney doesnt keep good records, what ensures wife will b reimbursed?

David A. Wilson answered on Feb 28, 2016

Interesting question. The ethical rules in South Carolina would prohibit the attorney from keeping fees in excess of the amount earned. If there is a dispute between you and your lawyer, contact the SC Supreme Court and tell them you have a fee dispute. They will assist you with the necessary... Read more »

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