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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My daughter and son-in law have separated, no children. No-fault

Customer Question

My daughter and son-in law have separated, no children. No-fault divorce, agreement informally drawn up, nothing signed or filed.. SC has a one year separation waiting period and I do believe nothing has to be filed first. You can go directly for the divorce at the one year period. Please let me know if this is valid.
Question? My daughter is moving to another state Nevada. My sil is paying for the divorce and wants her to sign an agreement before she leaves. They don't even have a lawyer yet. He is pushing her to sign and she wants more time. What happens when she moves to Nevada? Does she have to go back and forth? Does he file in SC and she just shows the years she lived there? What are the downsides and upsides for her benefit. Many thanks for your response.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard1 - Yes. You are correct. When they file for divorce it will be based on the one year or more separation. And they will attest to that when they file.2- It is not uncommon however to have a Separation Agreement. Though I suggest she will want to have a local attorney review it to protect all her interests.3- If this will be an Uncontested divorce based on the one year mutual and agreed upon separation, then when the husband files, he will be the only party who will need to appear in court. He will provide a witness who can attest that they have lived separate and apart for the required one year.4- The divorce needs to be filed in the state where they have lived for at least 6 months. So if the husband is going to file and has been in SC for at least 6 months prior to the filing he would file in SC.
Customer: replied 2 years ago.
Hi Samuel - thanks for this.
Think they separated late February and my daughter plans on moving next week - short one month of being there six mos. prior. Will this affect anything or am I counting incorrectly? She has been a resident in SC for 10 years and married to him for 7. Please let me know if this will be a problem. Thanks again!
Expert:  Samuel II replied 2 years ago.
Thank you
Your daughter can live anywhere. It is the filer who will need to be in the state they file in who needs to live there at least 6 months.
So, as long as he remains in SC he can file. Her moving has no effect on that at all.