Full question:
My husband left, thinking that was all that was needed for a 'legal separation'. I have not agreed to the separation and we have not even separated the finances. I still pay all the bills and keep up the house (no children). He says he's in love with someone else. If after a year, since this is SC, he asks for a divorce, can I charge him with desertion and adultery?
- Category: Divorce
- Date:
- State: South Carolina
Answer:
In South Carolina, a no-fault divorce can be granted after living separate and apart without cohabitation for at least one year. You can also file for divorce on fault grounds, such as adultery or desertion. If your husband files for divorce after a year, you may cite his actions as marital misconduct, which can be considered in spousal support and property division. However, whether you can successfully charge him with desertion or adultery will depend on the specific circumstances of your case.
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.