Legal Question in Family Law in Florida

Re: I Don't want a divorce

You've actually asked four questions. I'll answer each one separately.

"Are there any laws regarding this (walking out and moving to FL), I want the chance to work it out." You need to first understand the required grounds for a divorce in SC. There are only five. One year separation, one year desertion (similar to separation except you don't know where he is), Adultery, Drug or Alcohol Abuse, and Physical Abuse. Therefore, if he cannot prove that you abused drugs or alcohol, physically abused him, or that you cheated on him, then he cannot sue you for divorce for a year in SC based on the grounds of a One Year Separation. That means that yes, there is time for you to work it out if he is receptive.

"Can I prevent a divorce until we at least try?"

The above question should help with this one.

"Does it matter that he stayed in the family home during visits?" Yes it does. One of the requirements of a One Year Separation, is what is that it be a continuous separation without cohabitation. Therefore, each time he stays in the family home, it interupts the running of the one year, and the time must start to run from scratch, meaning that he must wait out an entire year starting with the last time he stayed with you.

"Is he legally responsible for any bills in my name?" Legally speaking, no. If the bills are in your name, then you are the one that took legal responsibility for them being paid. However, the law in SC allows a spouse to go to court immediately, prior to the one year being up, whereby the judge will issue a temporary order based on what he/she beleives to be fair. That order will address every issue of the marriage, including but not limited to, freezing the assets, who gets what cars, house, furniture, personal belongings, who pays what debts, alimony, child support and child custody, visitation, etc. The order is only a temporary one to protect each spouse until they can work out their marriage or until a final court hearing is held regarding the marriage.

If there are any other questions I can help you with you are more than welcome to call me at:

Robert Johnston

(843) 828-1137