Comments on: What’s a Reason for Divorce http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/ Wed, 25 Jan 2012 17:22:01 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tisha http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/comment-page-1/#comment-500 Tisha Thu, 25 Nov 2010 02:50:59 +0000 http://www.upstatefamilylawblog.com/?p=66#comment-500 My husband (plaintiff) and I (defendant) filed for a divorce, after been separated for over a year. Today he filed the request for the hearing and he asked in court if only him and his witness could come to the hearing, since I'm moving overseas and I'm not coming back. They said I have to file a waiver form for the final hearing and on there I have to agree with all the terms in this divorce. We talked already and we both agree to divorce, we don't have any kids or any pendences to discuss. How can I find this form?? Can I do it myself or a need a legal representation? When can I file this waiver form? My husband (plaintiff) and I (defendant) filed for a divorce, after been separated for over a year. Today he filed the request for the hearing and he asked in court if only him and his witness could come to the hearing, since I’m moving overseas and I’m not coming back. They said I have to file a waiver form for the final hearing and on there I have to agree with all the terms in this divorce. We talked already and we both agree to divorce, we don’t have any kids or any pendences to discuss. How can I find this form?? Can I do it myself or a need a legal representation? When can I file this waiver form?

]]> By: Tripp http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/comment-page-1/#comment-129 Tripp Mon, 30 Nov 2009 14:04:52 +0000 http://www.upstatefamilylawblog.com/?p=66#comment-129 It is possible to get a divorce in South Carolina even if you were married in another state. In order for a South Carolina Family Court to have jurisdiction to hear your case you or your spouse must be residents of South Carolina. If you are both residents of South Carolina then you may file for divorce here. If You are a resident, but your spouse lives in another state, you must reside here for more than one year prior to filing for divorce. Finally, if your spouse is a resident here in South Carolina, but you are not, you may file in South Carolina in the county where they reside. It is possible to get a divorce in South Carolina even if you were married in another state. In order for a South Carolina Family Court to have jurisdiction to hear your case you or your spouse must be residents of South Carolina. If you are both residents of South Carolina then you may file for divorce here. If You are a resident, but your spouse lives in another state, you must reside here for more than one year prior to filing for divorce. Finally, if your spouse is a resident here in South Carolina, but you are not, you may file in South Carolina in the county where they reside.

]]> By: Tripp http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/comment-page-1/#comment-128 Tripp Mon, 30 Nov 2009 14:02:17 +0000 http://www.upstatefamilylawblog.com/?p=66#comment-128 I'm sorry you're having to deal with this stuff. South Carolina family courts are slow to give divorces on adultery grounds so you must be able to clearly prove your wife's infidelity. The court does not require direct evidence such as pictures or video of a specific act; however, they do require you to be able to prove motive and opportunity. The motive part is easy. You pretty much have that now. That means they are spending time together and if they had an opportunity to commit adultery, they would. The opportunity part means you can prove that they are alone together in a place long enough to have sex. So you have a witness or someone who has seen them go into a hotel together or see her car parked at his house for several hours or over night. From what you have told me it sounds like you have been doing most of the investigating yourself. You will need another person who can testify to some of this information in court as well. This type proof must be corroborated, even if your wife confessed to the judge that she had been having an affair. I’m sorry you’re having to deal with this stuff. South Carolina family courts are slow to give divorces on adultery grounds so you must be able to clearly prove your wife’s infidelity. The court does not require direct evidence such as pictures or video of a specific act; however, they do require you to be able to prove motive and opportunity. The motive part is easy. You pretty much have that now. That means they are spending time together and if they had an opportunity to commit adultery, they would. The opportunity part means you can prove that they are alone together in a place long enough to have sex. So you have a witness or someone who has seen them go into a hotel together or see her car parked at his house for several hours or over night.

From what you have told me it sounds like you have been doing most of the investigating yourself. You will need another person who can testify to some of this information in court as well. This type proof must be corroborated, even if your wife confessed to the judge that she had been having an affair.

]]> By: Paul http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/comment-page-1/#comment-127 Paul Thu, 26 Nov 2009 16:41:24 +0000 http://www.upstatefamilylawblog.com/?p=66#comment-127 How much evidence do I need to charge adultery? How much evidence do I need to charge adultery?

]]> By: Paul http://www.upstatefamilylawblog.com/whats-a-reason-for-divorce/comment-page-1/#comment-126 Paul Thu, 26 Nov 2009 16:40:30 +0000 http://www.upstatefamilylawblog.com/?p=66#comment-126 What if We were married in another state but live in SC? Does the divorce go by SC law? I hope to God we don't have to go to Florida to get a divorce. What if We were married in another state but live in SC? Does the divorce go by SC law? I hope to God we don’t have to go to Florida to get a divorce.

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