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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2922
Experience:  associate attorney
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I remarried my wife 6 years later after a pretty divorce.

Customer Question

Good morning. I remarried my wife 6 years later after a pretty nasty divorce. Primarily because my adult daughter and her 4 year old are still there. She has lived on the street due to drug abuse, an the child's father is in federal prison. She and i, and the child are very close. My wife is continually admitting herself into a Behavioral Health Center. Three times in the past six months, and has legal custody of our grandson, and she is on phyical disabiliy (scam).I'm in SC, so there's no alienation of affection statute, I'm told. But, the day we signed the marriage papers on 7 August 2014, she said, "I'm not having sex with you", and has not. She's constantly asking me for my prescription of xanax, and I have given her a few sparingly, but I think she has stolen some of them. I am trapped in a miserable situation. Do I have any grounds to get out of this situation?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: SC
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I live my life, and am active traveling to events, e.g., football games, and meeting up and staying with female and/or make friends.
Submitted: 4 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 4 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 4 months ago.

South Carolina has five grounds for divorce. They are listed in S.C. Code § 20-3-10. Four are considered fault grounds: adultery; habitual drunkenness or narcotics abuse; physical cruelty and one year’s desertion. One year’s separation is the no-fault ground. Since the length of separation for a no-fault divorce was reduced to the same time period as a desertion divorce, the use of desertion as a ground for divorce has almost ceased. In order to obtain a divorce on the ground of habitual intoxication or narcotics use, one needs to show more than that one’s spouse consumes alcohol or uses drugs. Rather, one must prove this use is habitual and has caused the breakdown of the marriage. Such proof can often be medical records for substance abuse treatment, criminal records showing convictions related to substance abuse, employment records showing adverse job consequences from substance abuse or credit and debit card records showing substantial and frequent purchases of alcohol or drugs. IF this does not apply, then you need to separate for a year in order to obtain the divorce.

One can file for divorce on the grounds of adultery, habitual intoxication or physical cruelty without being separated from one’s spouse. However, at the temporary hearing, one will have to show the court solid evidence of the fault ground in order to have the court empowered to order the other spouse out of the marital home. In any action for a fault divorce, the court cannot have the hearing on the divorce until 60 days after the divorce action was filed and the court cannot issue the divorce decree until 90 days after the divorce action was filed.

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Expert:  Christopher B, Esq. replied 3 months ago.

Just checking back in, do you have any further questions?