What is the effect of divorce on the legitimacy of the children born out of wed lock in South Carolina?

Full question:

My husband, my son and I live in South Carolina. My wife and I have filed for a divorce. We would like to know if upon divorce, our child will be considered illegitimate?

  • Category: Divorce
  • Date:
  • State: South Carolina

Answer:

In South Carolina, no child shall be illegitimate upon divorce of the spouses.

This is provided in S. C. Code Ann. §20-3-200. It reads:

“No judgment of divorce from the bonds of matrimony shall render illegitimate the children begotten of the marriage.”

Therefore, your child will not be considered illegitimate.
 

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

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