Legal Question in Family Law in South Carolina

Divorce

I filed for divorce from my husband of almost 4 years last year around may on grounds of habitual drunkeness. at the time he was in jail for theft to get drugs. I thought that my lawyer, being a seasoned veteren in law practice, was most sympathetic to the urgency of my request for divorce including restraining orders and such. has been well over a year of complete separation and very very little progress made. Now, i have moved on with my life and fallen in love and become pregnant. I am due at end of Sept. after sooo many avenues have supposively been taken to get my divorce, my last option is to have my complaint published in the local paper coinciding with last known address of my ex. I don't know where he is to serve him and my lawyer has done so very little to try to acquire that info that he has been saying is so imperative for all this time. Naturally i want this divorce to be final before I have my baby. How long should it take from time complaint is published in paper to the time divorce goes to court, approximately? Not difficult case, we have no children together and no shared property or anything.


Asked on 7/16/07, 8:36 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Divorce

Your case has become considerably more complicated due to your having committed adultery and becoming pregnant by your lover. In all likelihood, your lover will now need to be named as a party to your divorce case so that paternity of the child can be addressed.

With regard to service by publication, there are certain elements that must be proved to the Court before you can receive an Order allowing you to serve him by publication. The notice must run in the newspaper once a week for three weeks, and then you must wait at least 30 days after that time before having your hearing.

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

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Answered on 7/16/07, 11:05 pm


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