Can I be qualify for a uncontested divorce

Asked about 1 year ago - Charleston, SC

My girlfriend and I lived together for 24yrs. I added her on to my bank account but was able to remove her off. We share a mortgage together and I have her on my job insurance as common law. In order to have her removed because we are no longer together and live separated for over a year. We came to a agreement that she can have it all I just want my life and to live for myself. We have one minor which is sixteen I gave voluntary child support to. We both have always lived in south Carolina. I need help to know what I will need to do. My job will not allow me to add anyone if I legally get married because you can only have one spouse in south carolina.

Attorney answers (3)

  1. Lloyd Wayne Patterson

    Contributor Level 14

    5

    Lawyers agree

    Answered . It appears that you have a common law marriage which is recognized in South Carolina. However, there is no such thing as a common law divorce. You will have to file and obtain a divorce through the court. A no fault divorce requires that you live separate and apart for one year. You can immediately file and obtain an order of separation and maintenance and then get the divorce after one year of separation or a divorce now if you have been separated that long. Click on the link below for more information on South Carolina divorce and common law marriage. You should retain a South Carolina divorce attorney that is familiar with common law marriages.

    This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For... more
  2. John A. Jackson

    Contributor Level 13

    5

    Lawyers agree

    Answered . I agree with Mr. Patterson. After 12 months of living separate and apart you can file for divorce. It is in your best interst to hire an attorney to help you through the process.

    This response is for informational purposes only and is not intended to convey detailed legal advice on any... more
  3. Anneshia Miller Grant

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . A few states in the South do recognize common law marriage, which apparently SC does. There is no common law divorce in any state that I am aware. Consult with a local divorce attorney, or contact one of the ones in your state who responded to your question.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more

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