Legal Question in Family Law in South Carolina

Re: Is Summons legal?

In order to commence an action for divorce in South Carolina, the summons and complaint must be filed with the Clerk of Court prior to the Summons and Complaint being served upon the Defendant. If it has no file number, that may be a clue that it has not been filed prior to delivery. Also, it must be sent certified mail, restricted delivery, return receipt requested. Assuming the Summons and Complaint is valid, I would not assume your divorce would be valid if he continues with it. Often, these "do it yourself divorces" are not completed properly and the parties are not divorced. Persons often remarry only find they were never actually divorced, especially if they only have limited contact with one another. I have seen this happen on a number of occasions. If I were you, I would contact the Clerk of the Family Court in Kershaw County and ask if a divorce action has been filed, and I would retain my own attorney and initiate proceedings for a divorce.