Legal Question in Family Law in South Carolina
My husband was still married when he married me 8 years ago. We are no longer together. How do I clear the way for another marriage in the future when this one was not valid and I don't need a divorce? Do I even need to do anything except go on with my life? Also, we have one daughter together- can we agree to custody without an attorney or court appearance if we decide it between ourselves? Don't want to put him in jail, just want to move on with my life.
1 Answer from Attorneys
The only way to assure that you won't have problems in the future is to file an action in Family Court either seeking (a) a divorce based upon your possible common law marriage or (b) a finding that you were never married to each other. The Court can also address the issues pertaining to your child at that time, or approve any agreement that you and he are able to reach with regard to her.
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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