Seperate states divorce

What is the name of your state? South Carolina

I am doing some research for a friend and need any websites or information I can print out and send to her.

Her situation is this. Two years ago her and her husband split up and where living in Wisconsin at the time. She left with their son and went to South Carolina. She has been living in South Carolina for 2 years now, and neither one of them have filed for the divorce even though they both want one.

She did get permission but not in writing to take her son out of state. Her husband has not seen their son or paid any support for the last two years. She is currently with someone else. (So is he) Her boyfriend wants to adopt the son. She would like any information on the divorce from a different state, adoption laws, and child abandonment laws that would affect her. I'm having trouble finding this information for her. Can anybody help me out or direct me where to look. Thank you.

[Seanscott]

She can go to the courthouse in her current county of residence and file for divorce. If there is no property to divide, and custody is not an issue, it will be fairly simple and a lawyer is not necessary. Ex-husband will receive some papers, sign them, and in a number of days, it's done. That is how my wife obtained her divorce - she was in Indiana, he was in Michigan.

She absolutely should put in the divorce that she has custody of the child. She can ask for a child support order, but he might refuse sign.

Stepparent adoptions are a regular topic on this forum under "adoption". To make it short - they will have to be married (usually for one year) before her boyfriend can file a petition to adopt. When he files, biodad will get a chance to contest or consent to the adoption. If he agrees, his parental rights will be terminated and the new husband (if he passes a background check) will be able to adopt the child. If he disagrees, you ask the judge to terminate his rights due to abandonment. I don't know the time limits in SC, but two years with no contact & no support is more than enough. Some states say 6 months, some one year, The process can take a year, so he should file as soon as they are married.

go to a search engine like Google.com and type in - South Carolina stepparent adoption - and you should bring up a lot of info.

Good luck to your friend. She has a classic case for a successful stepparent adoption. It may take a while, but the court will do whatever is in the best interest of the child.