Legal Question in Family Law in South Carolina
Separated for over 1 year
I have been separated from my estranged wife for over 1 year, and I have moved out of the state. I have tried to reach her via mail and phone with no success.
She filed for our no fault divorce before I left, and the judge dismissed the case. Can I petition the court to reopen the case and proceed with a final decree?
Please respond if you can help.
1 Answer from Attorneys
Re: Separated for over 1 year
It is unclear from your question whether the action was filed in SC or WV. In SC, a domestic action is stricken from the rolls if no action is taken within 270 days, but is not technically dismissed. It may be restored for "good cause shown" without any action by the judge and no Order. If the case was dismissed by Court order (ie: failure to prosecute), it may be harder to reinstate. The Order, if any, would be determinative if the case could be reinstated.
Margaret A. Collins
Setzler & Scott, P.A.
Post Office Box 4024
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