I married 8 years ago. We had a child two months later. We have a home that is just in my name, as is her vehicle. I have a truck in both our names. The vehicles are paid off. She recently went back to work after about 3 years. She went to school to become an EMT. She started back to work this week. We have tried to work things out, but to no avail. We live in South Carolina. I want to make sure that I have a legal right to my house as well as my vehicle. I do not make a lot of money so alimony is out of the question. I have no problem paying child support. I will have a hard time coming up with the money for an attorney, she controls the money for the household. Please advise the steps that I could take to get things moving. It is past being over.
Few divorces are hassle free.
What is out of the question is a matter for the judge to decide based on the facts and circumstances as they are presented.
Seek out a family law attorney in your area, meet, consult, and discuss the options. You may have to do that several times before you decide to hire and retain an attorney, work out a payment plan.
Also, check out legal aid, you MAY, if you qualify, be able to have an attorney represent you at very, very low cost (just filing fees).
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The only time a divorce is hassle free is when the parties agree on all issues and can trust each other to not cause friction. If the two of you work out a comfortable settlement agreement, that will be the smoothest way to complete the process.
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There are many issues that you have presented in this short forum such as property division, alimony, child support (you haven't begun to discuss visitation). Having a home in your name only is not going to automatically mean that it all goes to you as it is now community property via the 8 year marriage so she does have an interest in it.
Based on the fact that you've said we tried to work things out to no avail, I don't see that this will be a hassle free divorce (if such a thing exists). The best hope is to have an uncontested divorce but it sounds like you are far from that so you will need to consult an attorney to discuss these and many other issues that you have not even thought of yet.
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