Full question:
I have a temporary order by consent in the state of South Carolina. It was signed by a judge in February 08. We separated in July of 2007. I have full custody of my 2 children and he has supervised visitation. He has not paid child support and has been ruled in contempt and there was a bench warrant issued. He also has other bench warrants for failing to appear for DWI or similar. I have my children in private school and work full time. I do not use drugs or have any addictions. My temporary order by consent outlines all of these things. My ex is impossible to serve or find yet he continues to threaten me about taking the children. He is not employed that I know of. How do I proceed with this divorce? Can I use publication or send certified mail to his last known address? Do I need to file for divorce again? My initial filing which he would not agree to was better than my temporary order because it was a divorce for 3 out of 4 grounds where as my temporary order does not list the grounds. Regardless we have been separated for over 1 year. Please tell me how I need to proceed and the quickest way to end this nightmare. I am struggling to take care of my children and do not want to spend more money on an attorney if I can help it.
- Category: Divorce
- Date:
- State: South Carolina
Answer:
I am prohibited from giving legal advice on how to proceed in a
matter, such as whether to dismiss and refile a divorce complaint. I'm
assuming you have already filed for divorce. It is possible to get a
default divorce judgment if the defendant fails to appear in the case by
filing an answer to the divorce petition. Service by publication in a
local newspaper may be requested upon proof that diligent efforts have
failed to locate the defendant.
Unless the plaintiff is seeking a divorce based upon living separate and
apart without cohabitation for one year, there is a three (3) month
waiting period from the filing of the petition before the court will
grant a judgment of dissolution of marriage. In actions for divorce
based upon the no-fault grounds of separation for one year, the hearing
may be held and the decree issued after the responsive pleadings have
been filed or after the defendant has been held to be in default,
whichever occurs sooner.
If the former spouse is continuing to conceal his location while
communicating threats, it may be possible to trace the phone line or
hire a detective to locate him.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
