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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110445
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was married for 3 years (including the year separation),

Customer Question

I was married for 3 years (including the year separation), in South Carolina, no children. My x-wife was awarded $3800.00/month in alimony payments plus taking all my assets and my business which was my income. My attorney resigned because I could not pay her anymore(had no more money) right before the final court hearing and I was left with no legal representation. So when I got to court, the judge just gave everything to her. After the divorce, she had her attorney go to the judge and a letter was sent to SS to take almost $1,000.00 from my monthly payment, leaving me with only $600.00/month to live on. I had never received any notification by the SC courts about taking my SS. For several years now, I have no other income. I had to declare bankruptcy. I AM LIVING IN POVERTY, while she has the high life (all my assets). Is this wrong? I just heard that this might not be legal in SC???
thank you for your help.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

SC is an equitable distribution state and for a 3 year marriage this certainly does not seem equitable at all. It sounds more like what happened was you did not properly reply to the divorce and as such the court gave her everything she asked for by default. Unfortunately, this means you are going to have to seek to file an appeal to the court of appeals to get the marital property order overturned and sent back to the lower court for reconsideration of the property and spousal support award as it being hardly equitable.

I am afraid if you cannot afford an attorney, you will need to go to legal aid or call the SC bar and ask for the pro bono attorneys in your area to assist you, as they will have to read the court decision to determine exactly why the court deviated so much from the equitable distribution laws to know the best way to attack the decision on the property distribution and the spousal support which she should not be receiving for such a short term marriage.

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