Legal Question in Family Law in South Carolina

Re: desperately seeking divorce

You can obtain a divorce if your spouse is incarcerated, but there are some additional hoops that you must jump through in order to do so. For instance, you will either need to make arrangements to have him transported to the hearings or you will need to have a GAL appointed for him.

As for visitation, he has to first ask for it, and then it is up to the judge as to whether it will be ordered. The Court will look out for the children's best interests, and typically that means that they will not force visitation while a parent is incarcerated.

As for the possibility of name changes, there is no problem changing your name as part of the divorce. However, it is much more difficult to change the children's last names, particularly if the other parent does not agree for you to do so.

These are complex issues, and it is important that they be handled correctly. Therefore, 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

Re: desperately seeking divorce

You should have not problem seeking a divorce. You have been seperated for long enough to qualify for either uncontested or for the fault ground of abandonment. There is also no problem with serving your husband if he is in jail or even if you cannot find him. It may just take a couple more steps. If you need help finding an attorney in your area contact my office and if I cannot help you I may be able to send you to someone who can.