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Can I be qualify for a uncontested divorce

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.

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Attorney answers 3


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.

This response is for informational purposes only and is not intended to convey detailed legal advice on any specific issue. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The Law Office of John A. Jackson only practices law where properly authorized to do so and does not seek to represent anyone in any other jurisdiction. This site does not make use of any secure encryption technology, and any transmissions to the Law Office of John A. Jackson may be intercepted by third-parties. DO NOT send us any information that you regard as privileged or confidential. John A. Jackson is licensed to practice law in the State of South Carolina. You should not act upon the information contained herein without first seeking the advice of an attorney licensed to practice in your area.


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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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