Legal Question in Family Law in South Carolina

Separated for 5 years

My husband left 5 years ago and I never wanted him to leave. Is that abandonment? Could I file uncontested?


Asked on 3/22/09, 1:57 pm

1 Answer from Attorneys

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

Re: Separated for 5 years

In order to obtain a divorce on desertion, you have to prove that he left without your consent, stayed away for a set period of time, and that you didn't know where he was in the interim. It is almost always easier to pursue a divorce on one year separation if he has been gone for over a year.

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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Answered on 3/28/09, 10:16 am


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