View Full Version : My husband is an alcoholic non worker and abuser how do I get a divorse in s.c.
pattyclark
Jul 14, 2011, 10:33 AM
My husband is a cronic abuser and alcoholic he has 4 cdv.s in South Carolina thee house we live in I bought with the sale of my house I owned in n.j. before I ever met my husband he tells me he now is entitled to one half of the house I bought when we moved to s.c. even though he never worked in New Jersey after we got married 10 years ago I was a manager in a supermarket. We moved to S.C. in 2006 and I bought a home in my other name not my married name he has worked sparaticly since we moved here allways under the table and has been in jail 5 times can you tell me how the laws work in S.C. for his entitlement allso he refuses to move out of the house he tells me to move thank you
JudyKayTee
Jul 14, 2011, 11:42 AM
You go to an Attorney and file divorce papers. The Court will award spousal support and divide your assets according to law.
Why did you buy a house in your "other name" and not your married name if you were married? You will both have to disclose all of your assets, no matter what name they are in.
kcomissiong
Jul 15, 2011, 06:36 AM
On the surface, it would seem that he is entitled to at least a portion of the value of the house because it is marital property, and this was a long term marriage. However, from what I am reading, there are many factors to consider when determining what an equitable distribution is. THIS (http://divorcesupport.about.com/od/statedivorcelaws/a/SCarolina_Laws.htm) link had a great deal of information. There are simply too many variables to determine how a judge would divide your assets, but it seems that he does have a valid claim to marital property. A local attorney would be able to provide you with much better information.
cdad
Jul 15, 2011, 02:10 PM
When you signed documents for the home did you use a name other then your legal name? You can't have 2 legal names.
Fr_Chuck
Jul 15, 2011, 06:26 PM
I am just wondering how she will get her signing the paper work on the house witnessed or notorized if she does not have an id in the "other name"
And if she has an id in two different names, that is illegal
AK lawyer
Jul 15, 2011, 08:13 PM
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and if she has an id in two different names, that is illegal
Oh really? Can you cite a reference for this statement? In South Carolina, preferably.
Let's imagine a typical scenario: She had a drivers' license prior to her marriage, which is in her maiden name. The license has not yet expired. After her marriage she got a passport (supporting the application with her birth certificate and marriage license) giving her married name. What exact law has she violated, and when?
Take it one step further: it's time to renew her driver's license. Unless she is asked whether her name has changed, I can't imagine why she wouldn't be able to renew it using her maiden name, if she wants.