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RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 42251
Experience:  I have 30 years as a business lawyer in Texas
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I am in South Carolina, my wife and I were married only 2

Customer Question

I am in South Carolina, my wife and I were married only 2 months when she asked me to leave her house and changed the locks. I have been out of her house and away from her for over 2 months now and I'm planning to start a new business. She has nothing to do with this company and no money involved but she is saying she will be entitled to half because we're not divorced or legally seperate. Is this true?
Submitted: 8 months ago.
Category: Business Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 8 months ago.

She is correct that this is considered marital property and subject to division here in SC.

South Carolina's marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.

South Carolina Marital Property Laws - FindLaw

If you want options here you can move to Las Vegas for six weeks and file and get divorced.Otherwise don't do this until you are divorced in SC. It has antiquated divorce laws that require you to be separated and then file and then get divorce.It prolongs this and leaves you in limbo but any business might be subject to division so be careful.I hope they will modernize SC divorce laws soon,They need to do so.

I appreciate the chance to help you, please don't shoot the messenger.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 8 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.

To obtain a divorce on the ground of one year’s separation, one does not have to file anything to start the year running. One can file for divorce as soon as the year is over. The court may schedule the hearing on the no-fault immediately upon filing (though the divorce cannot be granted until the other spouse is served with the action and has either filed an answer or had the time to file an answer elapse).