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Does common law mean anything in this situation? After 13 years is there any recourse for me. And is a divorce in required?
Linda's answer
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Answered on April 19, 2016
South Carolina does recognize common law marriage, and given that you and your husband believed yourselves to be married and most likely held...
Archived
Can I get married with out a marriage license in the state of South Carolina?
Linda's answer
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Answered on April 04, 2016
It is definitely safer to have a marriage license as it sets forth the date of your marriage. A lot of other aspects can depend on whether you are...
Archived
Is it possible for him to get full custody because of any of this ?
Linda's answer
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Answered on April 04, 2016
In South Carolina, when parties are not married, custody is with the mother until paternity is established by court order. At that point, the...
Archived
Can I hold long term, live in bf financially responsible for shared living expenses over last four years? What are my rights?
Linda's answer
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Answered on April 04, 2016
Unless you have established a common law marriage, Mr. Frazier is correct. The facts are insufficient to determine that, however, the fact you...
Archived
Do I have any legal claim to the gains/profits from the sale of the second home? if so what are my options?
Linda's answer
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Answered on April 02, 2016
In South Carolina, marital assets are determined at the time litigation is filed (e.g., for separation or divorce). If the home is in her name, it...
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What can I do in the state of South Carolina if my husband wants a divorce and I do not. He is retired military with benefits.
Linda's answer
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Answered on April 01, 2016
I agree with Ms. Syracuse. You should also be sure to seek a consultation with someone who has experience with military divorces as they are more...
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Is there a way to still get separated and a divorce if the other party is refusing that's not going to cost me an arm and a leg?
Linda's answer
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Answered on April 01, 2016
If you have one of the fault grounds against him (physical abuse, habitual drunkenness, adultery), you can file for a divorce without having to...
Archived
I paid over $1100 last month and now i got to go to court for $177.00 that I don't have, I'm unemployed don't know what to do
Linda's answer
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Answered on April 01, 2016
In South Carolina, your support won't be reduced until you file a motion for a reduction. So the support will continue accruing at the rate it was...
Archived
How do we file contempt to court for not following the court order, and once filed, can she file the same against us?
Linda's answer
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Answered on April 01, 2016
You can file contempt regarding failure to pay child support, which may be met with a motion for a reduction if she has a basis for modification...
Archived
What happens if I pay GAL fee within 10 days but defendant does not? Do I get refunded?
Linda's answer
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Answered on April 01, 2016
If the Guardian did work, you won't get refunded. If you reached an agreement, typically the Court can re-allocate the fee at a final hearing...