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South Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A South Carolina attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. This is something that a divorce attorney would know better than an insurance defense or banking attorney (the chosen categories). In the interim, there could be... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: What steps can I take towards divorce as my husband does not want to accept that I do not want to continue this marriage

I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work,... View More

Allan Baron
Allan Baron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would... View More

1 Answer | Asked in Divorce, Military Law and Family Law for South Carolina on
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.

I'm a SAHM

No money saved

No family near me

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of:

1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific...
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1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: How do I file a motion we're my ex wife is not doing what the judge ordered in Marital property without a attorney
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

To seek to enforce the provisions of a prior court order, you must file a Rule to Show Cause. The requirements for a Rule to Show Cause are laid out in South Carolina Family Court Rule 14.

The South Carolina Supreme Court does not provide sample forms for enforcing orders related to marital...
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1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband left me 2 months ago and I would like to purchase a home. Can I purchase it without it becoming marital asset
Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... View More

1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

1 Answer | Asked in Divorce for South Carolina on
Q: My wife and I sold a house in Massachusetts moved to South Carolina. We are having problems in our marriage

We bought a house in South Carolina no mortgage but she’s the only one on the title. I am not. She’s trying to force me to move back to Massachusetts because we are having problems with her daughter. She saying she does not wanna divorce, but wants me to move back to Massachusetts. I’m... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

It is unclear how long you and your wife have lived in South Carolina, and that is an important fact for determining whether the Family Court would have authority to address any issues in a divorce between you and your wife. Assuming you have both lived here for at least 3 months, then the... View More

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... View 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... View 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... View More

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... View 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... View 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... View 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... View 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... View 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... View More

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... View 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... View 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... View More

1 Answer | Asked in Divorce for South Carolina on
Q: I've told my hus. 2 leave 3 times b/c R marriage is over, but he won't go & I'm scared. What can I do?

We have a prenuptial agreement and a additional marriage agreement that covers everything we own and child custody already so that fact that he won't leave is threatening to me

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

You should immediately consult with a Family Law attorney, who will likely advise you to begin the process by filing suit and requesting a Temporary Hearing.

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