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Can I sue my spouse for damages in the divorce in family court or do you advise I take it to small claims?

Charleston, SC |

spouse traded some of my property assets off, to someone who conspired & lied against me on incident report which got me jailed. I have proof that's signed by spouse and notary. Or sue the person that lied in small claims?

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Attorney answers 2


If you are still married, I do not think you can pursue a civil action. If divorced, it's your call after you speak to an attorney about the situation.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


The family court has jurisdiction of any claims between you and your spouse. The small claims court or the circuit court would have jurisdiction of any claims you have against the other person who is not your spouse.

The foregoing is for general information purposes and does not establish an attorney-client relationship.