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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother has been married for less than a year....actually

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My brother has been married for less than a year....actually not being a year until November 24th. In May his wife decided that she did not want to be married anymore. They were able to work things out and try again. Two weeks ago, she confessed to adultery and said that she wanted a divorce.

Being deeply in love, he is willing to forgive her, but she simply is wanting the marriage over. Stating that she just isnt in love. She is pushing him for a 90 day divorce that he could obtain for the indiscretion, but this is a fresh "wound" for him. He isnt ready to do anything yet. I think deep down he is hoping something might change in the 1 year seperation that would be necessary for her to obtain the divorce.

All that being said, she is pushing him to sign a Separation and Maintenance Order for a "legal" separation. He isnt willing to do anything at this moment. She said that she will have to file it as contested and that in Dorchester County, it is a required mediation that he will have to pay half the cost.

What would be the reason for such urgency in signing such an order. There wouldnt be any issue proving the separation of a year for her.

When they married, he moved 3 hours to allow her to continue living near her son. He started reestablishing his business there and would drive every other weekend back to see his daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your brother's situation. There can be a number of reasons why she wants him to sign, but the likely three are:

1) She wants him to sign because she is afraid that he would change his mind, and thus prolong the divorce, causing her considerable anxiety (as he has the right to do, i.e., prolong the divorce). So she is afraid that he may change his mind;

2) She may be planning on remarriage. As such, the quicker she can divorce, the quicker she can remarry; or

3) She is hoping to give him an ultimatum - to sign for a quick divorce or face a contested divorce which may be prolonged. She is hoping that he would capitulate.

It may be any one of the three above - or perhaps something else - but the three above reasons are likely.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I have spoken with her. She has no problem with the 1 year seperation divorce. But she is wanting a separation agreement signed at this time. In south carolina there is no "legal" separation.....so why insist on this agreement now?


 

Expert:  Ely replied 1 year ago.
J,

Likely because she is afraid that he would change his mind.

In SC, no divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds:

No-Fault Based Grounds:
(1) Living separate and apart for at least 1 year without cohabitation.

Fault Based Grounds:
(1) Adultery; (2) Desertion for at least one year; (3) Physical cruelty; (4) Habitual drunkenness or Drug abuse

In SC, having an affair can lead to the Judge to award him a much more favorable division of property. Code of Laws for South Carolina - Chapter 3; Sections 20-3-10. She may be afraid that he will simply "fly off the handle," file a divorce himself, and gun for her. To "cool him down," she is asking for a separation agreement, possibly believing or hoping that once this is in place, she can later on down the line in a year file for a divorce and quickly get it without possibly him attacking her with her adultery.

In essence, she is both attempting to cool him down, to prevent him from filing immediately on adultery, and, to initiate a one-year separation to file for divorce later on THOSE grounds.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88289
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


ok...thank you for your help.


 


Because if he signs the agreement, he couldnt go back a change it to adultery??


 

Expert:  Ely replied 1 year ago.
Friend,

He still could, but is simply makes everything more complicated... in short, she is attempting to out-outmaneuver him. It is best for him to "lawyer-up" and not sign anything prior to this.
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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