Lawyers, Answer Questions  & Get Points Log In
South Carolina Divorce Questions & Answers
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...
Read more »

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.

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
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... Read more »

Hector E. Quiroga
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
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... 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
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
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... 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
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... Read more »

Cheryl Ann Truesdale
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... 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
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
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... 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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.