Legal Question in Family Law in South Carolina
The one year date
I'm in SC. Is it possible to file the paper work for divorce on the 1 year anniversary of when my husband left or do I have to wait longer? Also, he left and I know where he is, should I file for abandonment or something else?
1 Answer from Attorneys
Re: The one year date
You can file for a no fault (one year separation) divorce after the one year has passed. In other words, you can file one year and one day after he left. You cannot file for desertion, since you know where he is. As a practical matter, if you wanted to pursue the desertion route, it would take longer and cost more with no real benefit to you.
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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