Legal Question in Family Law in South Carolina

Desertion

In the state of South Carolina, how long does a spouse have to remain gone before it can be considered dersertion? How long does one have to wait before she can go forward with filing for a divorce?


Asked on 2/05/07, 11:51 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Desertion

In SC, desertion must be for a period in excess of one year. Any divorce action can be filed as soon as the grounds exist, such as afer the one year passes in your example.

However, I will caution you that "desertion" is frequently misunderstood as a ground for divorce, and it is very rarely used at all in SC.

I have written several articles on this subject, which you can read by copying and pasting this web address into your browser: http://tinyurl.com/29txog

It is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 2/05/07, 4:21 pm


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