Legal Question in Family Law in South Carolina

Hello:

My wife deserted me nine months ago. I have two questions and I thank you in advance for any response.

1. Her "new friend" recorded a cell phone conversation that he and I had in South Carolina. I know it's a one person consent state, but am I entitled to a copy of that conversation if she has stated that it would be used in court? If so, how would I have to go about requesting a copy?

2. My name is on the mortgage and deed of our house. Her name is only on the deed, but we did use her income to pay the mortgage and household expenses. Would she still be required to pay her portion of the mortgage even though she has moved out? No legal action has yet to have been initiated.

I will be meeting with a lawyer this week, but just wanted to do as much homework as I possibly could before I met with him. Time is money with lawyers (LOL).

Thank you again for your time and expertise.


Asked on 10/08/11, 3:14 pm

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

There are methods of getting the recording, but the best course of action is partially determined by the specific facts involved. With regard to the mortgage, the Court will determine who has to pay what expenses, including the mortgage.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/09/11, 7:43 pm


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