Quick Divorce?

What is the name of your state? South Carolina

My wife and I have been married for 23 years and have been seperated numerous times. We have one minor child (16). The last time we lived together as man and wife was May 2006. She is currently in my home (owned by my mother) and has been since Jan. of this year, but we sleep in seperate rooms and lead seperate lives. We both want a divorce and have agreed on custody. We have no real property and each have vehicles in our own names.

We each want to move on and I will be moving out in a couple of weeks, allowing her to stay in the home. Since both agree, can we get a divorce now? Or do we have to have seperate addresses for a year?

The home is legally in my mother's name (for a better interest rate), but I make the payments and will continue to do so.

ycatynot said:

What is the name of your state? South Carolina

My wife and I have been married for 23 years and have been seperated numerous times. We have one minor child (16). The last time we lived together as man and wife was May 2006. She is currently in my own (owned by my mother) and has been since Jan. of this year, but we sleep in seperate rooms and lead seperate lives. We both want a divorce and have agreed on custody. We have no real property and each have vehicles in our own names.

We each want to move on and I will be moving out in a couple of weeks, allowing her to stay in the home. Since both agree, can we get a divorce now? Or do we have to have seperate addresses for a year?

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You are moving out and she is keeping the home owned by your mother? Is your mother on board with this?

LdiJ said:

You are moving out and she is keeping the home owned by your mother? Is your mother on board with this?

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They are RENTING the home and she is just continuing to stay there LD.
Mom cannot just kick her out but would have to evict. And if they have alease that is even harder to do.

ycatynot said:

What is the name of your state? South Carolina

My wife and I have been married for 23 years and have been seperated numerous times. We have one minor child (16). The last time we lived together as man and wife was May 2006. She is currently in my own (owned by my mother) and has been since Jan. of this year, but we sleep in seperate rooms and lead seperate lives. We both want a divorce and have agreed on custody. We have no real property and each have vehicles in our own names.

We each want to move on and I will be moving out in a couple of weeks, allowing her to stay in the home. Since both agree, can we get a divorce now? Or do we have to have seperate addresses for a year?

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The grounds for divorce in SC can be found here:

http://www.scstatehouse.net/code/t20c003.htm

The fact that you resided together for the past 3 months, after living separately for 18 months, may affect the residency requirement. Unfortunately, I don't know, but one of the experts may be along to advise.

Ohiogal said:

They are RENTING the home and she is just continuing to stay there LD.
Mom cannot just kick her out but would have to evict. And if they have alease that is even harder to do.

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There was no indication that they were actually renting, although I do realize that they are technically tenants even if they are not paying rent.

However, in a divorce situation, as a child of my parents, I would not presume to make that kind of arrangment without making sure that my parents were on board with it....or my inlaws either for that matter.