We were married in TN but live in SC, can we divorce in TN to avoid the 1 year separation requirement forced upon us in SC?
Gary's answer
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Answered on July 22, 2018
Where you were married is generally irrelevant when it comes to getting a divorce. All states have residency requirements for filing a divorce...
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Can I move forward with my divorce case when my spouse will not sign for the mail?
Gary's answer
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Answered on July 19, 2018
Unfortunately, no. If you managed to get to a final hearing and could not show the judge proof that your spouse was properly served with the...
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What if my husband and I dont have anyone willing to testify about our year seperation?
Gary's answer
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Answered on July 14, 2018
You must have corroborating evidence that you've been separated at least 12 months in the form of testimony from an independent third party. If...
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How can I get custody of my son?
Gary's answer
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Answered on July 09, 2018
I agree with Linda. The answer to "How can I get custody of my son?" begins with you getting an attorney and filing a case in family court.
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I want to ask for a jury trial, in a family court case in Charleston SC. Where can I find a template for that filing?
Gary's answer
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Answered on June 21, 2018
There is no such thing as a jury trial in Family Court in South Carolina.
Archived
What do I need to do to see my girls
Gary's answer
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Answered on June 15, 2018
You're going to have to get an attorney and take her back to court, either on a rule to show cause or for a straight up modification.
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When can I file an uncontested divorce in SC? Living apart/separated for almost four months. Wait one year or can I file now?
Gary's answer
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Answered on June 03, 2018
You can't file for a no-fault divorce until you've been separated for over one year.
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My husband voluntarily at the request of the child's mother signed over his parental rights. When does support stop?
Gary's answer
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Answered on May 13, 2018
A relinquishment of parental rights is just a consent form. A family court judge would still have to issue an order terminating his parental...
Grandparents visitation after step parent adoption?
Gary's answer
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Answered on May 12, 2018
The paternal grandparents can certainly try to get visitation in family court, though under the facts you've laid out here I'm not so sure how...
Archived
Can I change my daughters last name even if her father hasn't seen her at all and by the courts I was grant full custody of her?
Gary's answer
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Answered on May 12, 2018
The biological father will have to be named as a defendant in any petition you file with family court to change your daughter's name. If the judge...