When can I file for divorce in South Carolina?

Q: What is the 6 month rule in Texas?

The '6 month rule' in Texas refers to the residency requirement for filing for divorce. At least one spouse must have lived in Texas for six months before filing for divorce in the state. This rule ensures that the court has jurisdiction over the divorce proceedings.

Full question:

I live and was married in South Carolina. I've been married for 3 years now. My wife and daughter have moved to Texas. When can I file for divorce? Thanks

Category: Divorce
Date: 04/07/2025
State: Texas

Answer:

In South Carolina, you can file for divorce after living separately for one year if you are claiming "no fault." If you do not meet this requirement, there is a three-month waiting period from the time you file the petition before the court will grant a divorce.

Reconciliation occurs when spouses resume marital relations, which can be judged by the overall circumstances. Isolated incidents of sexual intercourse do not count as reconciliation. However, if separated spouses present themselves publicly as a married couple, it may be considered reconciliation.

If you prefer to allege fault for the divorce, you can cite reasons such as adultery, desertion, physical cruelty, or addiction. Proving fault can significantly influence decisions on spousal support, property distribution, and child custody.

If you do not wish to divorce, South Carolina also allows for legal separation. You can file a separate petition to address property settlement and child custody/support while remaining married.

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.

FAQs

Does Texas recognize out of state divorce?

Yes, Texas recognizes out-of-state divorces as long as the divorce was granted by a court that had proper jurisdiction. This means the court must have had the authority to make decisions regarding the divorce based on the residency of the parties involved. If you were divorced in another state, Texas will typically honor that divorce unless there are specific legal reasons to challenge it.

How to file for divorce in Texas if married in another state?

To file for divorce in Texas while married in another state, you must meet Texas residency requirements. At least one spouse must have lived in Texas for six months before filing. You can then file a divorce petition in the county where you reside. Ensure to include all necessary information regarding your marriage, children, and property to facilitate the process.

Does Texas enforce out-of-state alimony?

Yes, Texas generally enforces out-of-state alimony agreements if they were established legally in the state where the divorce occurred. However, Texas courts may review the terms to ensure they comply with Texas law and public policy. If you are seeking enforcement, it may be beneficial to consult with an attorney familiar with both states' laws.