Legal Question in Family Law in South Carolina
Separation Agreement in SC, can I file for divorce in GA
In 2001, my job required me to transfer to Georgia and my wife would not move with me. She filed for legal separation in South Carolina in 2003. It was to be for 1 year so we could get a no-fault divorce. We have not filed. Is it possible for me to file in GA or do I have to file in SC because of the separation agreement?
2 Answers from Attorneys
Re: Separation Agreement in SC, can I file for divorce in GA
I don't know the law of SC, but it may be that the action she filed is no good since you were not a resident of SC at that time. You will need to consult with a SC atorney on that issue. If her action is no good, and assuming you have been a resident of GA for at least six months, you can file for divorce here.
Re: Separation Agreement in SC, can I file for divorce in GA
Once you resided in Georgia for 6 months, you became eligible to file in Georgia. Whether you should or not would require a detailed discussion of the facts of your case and review of the agreement.