Legal Question in Family Law in South Carolina
When to file request for hearing?
I have filed a petition for no-fault divorce today and plan to run publication. The whereabouts of the defendent are unknown. I still filed with the sheriff's office to serve the defendent if they are able to locate him. My next step is to request a hearing. I have the form (SCCA 410,) but I'm unsure of the timeframe. May I file that now, or do I have to wait and if so how long. I believe I have to file within 90 days of serving papers, but that may not occur at all. And if it doesn't, I can't run publication without a hearing date. Thanks!
1 Answer from Attorneys
Re: When to file request for hearing?
There are certain requirements that must be satisfied before you can obtain an Order to Serve by Publication. Once that happens, you can determine the time window to complete the service by publication and then schedule your final hearing outside of that time frame.
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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