Legal Question in Family Law in South Carolina
Desperatly seeking divorce from controling maniac
I was married to a man who cheated,is a known liar by almost everybody,(although I didn't know it at the time).We were together five years and we purchased our home together(with almost all my money),however we where not married when the home was purchased,but had lived together for over a year.We married in march of this year and where seperated about two months later due to more cheating(he was caught on tape by a PI).He's SO controlling and still is.We have two children,one,can he get the kids? or the house?he says he can,he pays NO support.I'm losing.
1 Answer from Attorneys
Re: Desperatly seeking divorce from controling maniac
Many things go into a Judge's decision when deciding who would get the house. This is a property division question that is decided upon what is "fair." Given the fact that you put up most of the money for the house and that you were married for such a short period of time, I can't see how he would get the house. However, I couldn't give you a formal opinion without knowing all the facts. In your case I think the main driving force of the in the judge making a decision would be to divide the property as fair as possible.
As far as who would get the kids, this not a matter of "fairness," but rather what is in the "best interest of the children." Again, I can't give you an opinion or prediction without knowing all the facts, other than to tell you that the court's decision would be based on purely what the court felt was best for the children.
Robert Johnston
(843) 929-1137