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Divorce while he is in prison in another state.

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lamason1

Guest
What is the name of your state? SC

We were married in August 1998, he disappeared Jan. 3 1999. Did not have any contact or know his whereabouts until he was arrested in August 1999 (at another woman's house), and has been in prison ever since in GA. When I file for divorce in SC what can I expect from him, example, does he have any rights to ask for anything such as car, home (I owned prior to marriage) support or etc. He has not contributed in any way towards any of my assets. Can he make me pay him support. What can I expect? I want to know things upfront before I start these proceedings. I want to put this nightmare behind me so I can start over. Any help or suggestions is greatly appreciated.
 


S

spy_kittie

Guest
There are in South Carolina only four grounds for divorce. One of which is continuous separation or desertion for a period in excess of one year. The closest thing S.C. has to a "no fault" divorce is one granted on grounds of continuous separation for one year. In order to receive a divorce in South Carolina at least one spouse must be a resident of South Carolina. If both spouses reside here, one must have resided here for at least three months. If only one spouse resides in South Carolina, they must have been here for one year.

South Carolina is an "equitable distribution" state. Each spouse is entitled to keep his or her non-marital property, consisting of property: (1) which was acquired prior to the marriage; (2) acquired by gift or inheritance; (3) acquired in exchange for non-marital property; or (4) was acquired due to an increase in the value of any non-marital property.

All other property acquired during the marriage is subject to division, based on a consideration of the following factors: (1) the duration of the marriage; (2) the age of the spouses; (3) any marital misconduct; (4) any economic misconduct; (5) the value of the marital property; (6) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (7) the income of each spouse; (8) the earning potential of each spouse and the opportunity for the future acquisition of capital assets; (9) the physical and emotional health of each spouse; (10) the needs of each spouse for additional training or education in order to achieve their earning potential; (11) the non-marital property of each spouse; (12) any retirement benefits; (13) whether alimony has been awarded; (14) the desirability of awarding the family home to the spouse having custody of any children; (15) the tax consequences; (16) any other support obligations of either spouse; (17) any marital debts of the spouses; (18) any child custody arrangements; and (19) any other relevant factors.
 

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