My husband and I have been seperated for going in 7 years and he hasnt paid anything toward his sons well being.
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.
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... View More 
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... View More
I want to get the quickest divorce possible before it causes anymore heartache for me and my children from another marriage. I was fooled.
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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.
answered on Jul 15, 2016
That's a good question: the Social Security Administration (SSA) has information online for divorced spouses:
Retirement benefits: https://www.ssa.gov/planners/retire/divspouse.html
Survivor's benefits: https://www.ssa.gov/planners/survivors/ifyou3.html
For... View More
If husband pays attorney and attorney doesnt keep good records, what ensures wife will b reimbursed?
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... View More
I conceived my daughter during a 5 year separation and reconciled with my husband when i was 7 months pregnant. Now he wants a divorce and doesnt want to support her.
answered on Feb 28, 2016
It depends on the language contained in the order granting you custody. Typically, if your relocation will change the visitation for the other parent (which it almost certainly will), you should file an action to modify the visitation provisions based upon a substantial change in circumstances.... View More
Note: nothing has been filed yet. The adultery has already happened.
answered on Feb 28, 2016
Your question is a little confusing. If nothing has been filed then yes you may sue for adultery. If you filed a Complaint asking for Separate Maintenance, you can amend and ask for a divorce based on adultery.
answered on Jul 28, 2015
You can file for a divorce even though he is still in the home. The judge would then decide who has to leave. You need to hire/pay an experienced divorce attorney.
I just got married August 2014 but now i will be going through a divorce. When i got with my husband he had a car that he paid for. When he for another car he gave me his other one. All of this was done before we got married. i am on the registration and i pay the insurance myself. I have been... View More
answered on Jul 28, 2015
There is not enough information to answer this. If the car is marital property, it is subject to equitable distribution. It doesn't matter whose name it's in. You need an experienced attorney to represent you in your divorce.
Defendant shall vacate the marital residence as of the date of this hearing.Does this mean I'm not allowed in my home at all
answered on Jul 28, 2015
You need an attorney. If that is a court order, then you have to leave. If it's a pleading, it means that is what the other party is asking the court to do. There is not enough information here to provide an answer. You need an experienced divorce attorney. You will have to hire/pay an... View More
answered on May 6, 2015
Yes, it possibly can be used to prove adultery. You need to hire an attorney to represent you on your divorce so that your rights can be protected.
answered on May 5, 2015
Not knowing all the facts from your question, generally, a spouse is entitled to 1/2 of all property gathered or gained during the marriage absent unusual circumstances. You need to hire an attorney to better evaluate your situation and protect your interests in the 401K.
is this not grounds for adultery? He left with all the bills the truck he is driving is in my name. He will not pay insurance on it . What do I do?
answered on May 5, 2015
Yep. It sounds like adultery. You need to hire an attorney immediately so that your rights can be protected and a temporary hearing can be held to handle the problems you are having. Hire an attorney immediately.
Been seperated 7yrs. Presently plantiff in sc. For 7 yrs. With one child 14yrs. Old
answered on Jul 30, 2014
You would have to have the local court send a request called a letter rogatory to the area where he is and then the court would serve him and give you a proof of service. If service is not done this way then service could be attacked at a later date.
Would I be entitled to a portion of the value of items such as, boats, jet ski etc. my husband purchased during our 9 year marriage if he put them in his mother's name? (if I filed for a divorce) He has been the sole provider during our marriage and says I wouldn't be entitled to anything... View More
answered on Sep 26, 2013
Marital property includes all real and personal property the parties acquired during the marriage and owned as of the date of filing or commencement of marital litigation. S.C. Code Ann. § 20-3-630(A) (Supp. 2009). "The doctrine of equitable distribution is based on a recognition that... View More
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