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Question on Separatioin (in SC)

Question on Separation...%0d%0a%0d%0aI'm a resident of South Carolina and about to go through a Separation & Divorce. %0d%0a%0d%0aMy future ex-wife thinks I am stalling on submitting an application at a nearby apartment complex. (She has already written out how she feels the bills should be separated).%0d%0a%0d%0aWell the future ex says that if I do move real, real soon she will use a "forced separation" to get me to move. I never heard of this. I really can be kicked out of my own house by a Lawyer??%0d%0a%0d%0aThe only thing is I want my Lawyer to look over and come up with a more reasonable financial plan. I have yet to meet with the Lawyer for the first time due to a my hectic work schedule. I worry that someone may try to remove me from the home before I have a chance to consult w/ an Attorney.%0d%0a%0d%0aBy the way, its the wife's idea to leave the marriage but she feels she should remain in the house because (accurately) I cannot afford it all own my own.%0d%0a%0d%0aI have a feeling, based upon previous experiences, my future ex and me are not going to agree on anything, so it will likely be much expensive work on our Attorney's parts.%0d%0a%0d%0aAny advice would be greatly appreciated. This is my first marriage & so first divorce.%0d%0a%0d%0aThanks!%0d%0a%0d%0a"JAK"%0d%0aSouth Carolina

by JAK297   1 Post 
Posted on 10/25/2008 11:38 AM
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Answers for "Question on Separatioin (in SC)"  (2) (You must be logged in to answer)




Trish is right, you can't be "forced" out - but what I think your wife is saying is that she will file for divorce on fault grounds and request exclusive right to the home, and THEN you will be forced out.

You can move and negotiate the financial aspect of things later...her writeup of the bills is not enforceable in court....and in fact, when it comes to any bills associated with the house, if you are not living in it - you should not be required to pay any of them (mortgage, utilities etc)
by spaznskitz   4796 Posts
Posted on 10/25/2008 2:13 PM
0





Well as you probably know unless you have grounds for divorce you must live apart for 1 year to be able to divorce. SC does not have legal separations. The no cohabitation is just part of the requirement for getting your divorce.

That's why she wants you out of the house. While you both are waiting that one year; adultery could be filed if either of you are seeing someone else.  

I don't know if she can force you out of the house. I was told I couldn't keep my ex out legally until we had a temp hearing to decide those issues.
by trisha9054   2773 Posts
Posted on 10/25/2008 12:41 PM
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