How Can I Get a Divorce If My Spouse Abandoned Me?

Question from Winter, How Can I Get a Divorce If My Spouse Abandoned Me?

Answer from AI:

If your spouse has abandoned you and you are unable to locate them, you can still pursue a divorce. Here are the general steps and considerations for obtaining a divorce under these circumstances:

Understanding Jurisdiction

Since you currently reside in Orangeburg, SC, you can file for divorce in South Carolina. Generally, you need to meet the residency requirements of the state where you are filing. In South Carolina, at least one spouse must have lived in the state for at least one year before filing, or both spouses must have lived in the state for at least three months.

Grounds for Divorce

South Carolina recognizes several grounds for divorce, including:

• Adultery
• Desertion for a period of one year
• Physical cruelty
• Habitual drunkenness or drug use
• Living separate and apart without cohabitation for a period of one year

Given your situation, you might file on the grounds of desertion or living separate and apart for one year.

Filing for Divorce

Here are the steps you can take to file for divorce in South Carolina:

1. Prepare the Necessary Forms: You will need to complete several forms, including a Complaint for Divorce and a Summons. These forms can be obtained from the South Carolina Judicial Department’s website or your local family court.
2. File the Forms: Submit the completed forms to the Clerk of Court in the county where you reside. There may be a filing fee, but you can request a fee waiver if you have no income.
3. Serve Your Spouse: You must make a diligent effort to serve your spouse with the divorce papers. If you cannot locate your spouse, you can request to serve them by publication. This involves publishing a notice in a newspaper for a specified period, usually once a week for three weeks.
4. Wait for a Response: If your spouse does not respond within the required time frame (usually 30 days), you can request a default judgment from the court.
5. Attend the Hearing: The court will schedule a hearing where you will present your case. If the judge is satisfied with the evidence, they will grant the divorce.

Resources and Assistance

Given your financial situation, you may qualify for legal aid or pro bono services. Here are some resources that might help:

• South Carolina Legal Services – Provides free legal assistance to low-income residents.
• LawHelp South Carolina – Offers self-help resources and information on family law.

When to Consult a Legal Professional

While you can handle some aspects of the divorce process on your own, it is advisable to consult with a legal professional, especially if:

• You have difficulty locating your spouse.
• You need help with serving by publication.
• You have complex issues such as property division or child custody.

A legal professional can provide personalized advice and ensure that all legal procedures are correctly followed. For personalized legal advice, consider contacting a family law attorney in your area.

Remember, this information is intended to provide a general overview. For specific legal advice tailored to your situation, please consult with a qualified attorney.