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 legal advice you have to retain your own attorney.
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.
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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.
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