Legal Question in Family Law in South Carolina

My husband and I have been married for 18yrs, we live in south Carolina.I caught him cheating and asked him to leave, he has been gone since the second week in November. He tried to file for a legal separation and I appealed it. He is still seeing the woman he was caught with, can I get him for abandonment? I am on disability and he was the only one in the house working, does he have to pay me alimony or not?


Asked on 1/21/10, 12:42 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

You can seek a divorce based on desertion, but it doesn't sound like you could pursue one on desertion since you know where he is. For reference, desertion is rarely used as a basis for divorce any more. As for alimony, there are many factors that come into play, and without knowing much more information, it's not possible to assess that issue at this time.

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 1/27/10, 7:28 pm


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