Legal Question in Family Law in South Carolina
Is there an exception to the 1 year separation law for military? Or is there a way around it if both parties are in the military and are based in two different states and have lived separately for more than 6 months? For example: Using the other state's laws to get the divorce. Or a member's home of residence state laws.
1 Answer from Attorneys
If you live apart for more than one year, then either spouse can seek a divorce in SC. The enlistment of either party in the military does not provide an exception to the separation period, though it may provide a basis to delay the action pursuant to the Servicemembers Relief Act.
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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