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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29823
Experience:  Attorney with experience in family law.
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My wife and I have separated she asked me too leave and I

Customer Question

My wife and I have separated she asked me too leave and I left now she wants me back but I want out of the marriage. We have two kids, the house and most of the utilities are in her name. Can I file for separation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
What state do you live in?
Customer: replied 1 year ago.
South Carolina
Customer: replied 1 year ago.
I live in Columbia South Carolina
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
South Carolina does not have a proceeding called legal separation. Spouses are legally separated when they establish separate residences. There is something called "An Action for Separate Support and Maintenance," which is similar. Note that this is NOT a stepping stone on the path to divorce. If you later decide you want to be divorced so you can remarry, you have to file an action for divorce. You don't have to file an Action for Separate Support and Maintenance first, but some couples use it to protect themselves and establish child custody during the one-year separation period required before you can seek a no-fault divorce.
If that's what you're looking to do, yes, you can file. This site has forms you can use.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
What are no contest divorce in my state south Carolina?
Expert:  Lucy, Esq. replied 1 year ago.
An uncontested divorce can be filed when the parties have lived separate and apart for one year with no chance of reconciling. Nothing needs to be filed to start the separation period. A lease in the name of one spouse only can be used as evidence, or utility bills, testimony from a roommate or live-in family member, or other evidence if the spouses do not agree on when they started to live apart.