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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35754
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband moved out in March, is it true I can't file until

Customer Question

My husband moved out in March, is it true I can't file until next March since we live in South Carolina? We never slept in the same bed. We were really just roommates.
Submitted: 7 months ago.
Category: Family Law
Expert:  LawTalk replied 7 months ago.

Good afternoon Jennifer,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Where you slept unfortunately has nothing to do with qualifying for a divorce under SC law. Under SC law, you can either seek an immediate divorce if you can show adultery, habitual drunkenness or narcotics abuse by your husband. Or you may file a fault divorce petition after he has abandoned you for at least 12 months.

Finally, there is a no-fault divorce that you may apply for so long as the two of you have been living apart for at least 12 months. So if you are looking to a no-fault divorce, you will have to wait 12 months after he moved out to be able to file your petition for divorce.

If you relocate to another state, such as GA, you can file for divorce based on the marriage being irretrievably broken and so long as you have been a resident of the state for at least 6 months you can then file immediately.

The quickest place to get a divorce is Nevada and you can seek a no fault divorce after being a resident of the state for just 6 weeks. But in SC, you must be separated 12 months before you can file for a no-fault divorce.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 7 months ago.
What constitutes habitual drunkenness?
Customer: replied 7 months ago.
I filed for divorce last week, can I cancel it?
Expert:  LawTalk replied 7 months ago.

Good afternoon,

Yes, of course you can cancel the divorce. you will need to file for a Dismissal of the suit, or just don;t serve it and the court will eventually dismiss it on its own.

Habitual drunkenness is just like it sounds. It means having a habit of frequently getting drunk frequently to the extent that the alcohol use/abuse results in a breakdown of normal marital relations.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 7 months ago.

Good afternoon Jennifer,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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