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:
- State: Texas
Answer:
If you are not interested in remaining married to your husband, the first option to consider is divorce. You may bring a divorce action claiming "no fault" if you have been living separately for 1 yr. 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.
Reconciliation is the resumption of marital relations and voluntary renewal as husband and wife, which is judged by the totality of the circumstances. In the event that two spouses engage in isolated incidents of sexual intercourse, a court will not consider this to be a marital resumption that arises to the level of reconciliation. Yet, it has been held in case law that if two separated spouses are holding themselves out to the public as husband and wife, even without sexual intercourse, reconciliation may occur. Otherwise, you can allege fault in the break up of the marriage such as adultery, desertion, physical cruelty and addiction to drugs or alcohol.
Fault allegations must be proven in court and if proven, can greatly effect the court's decisions regarding spousal support, property distribution and/or child custody.
If you do not wish to become divorced, the law in South Carolina also allows for legal separation. You would file a separate petition asking the court to decide the issues of property settlement and child custody/support, but you would remain 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.
