When Can I File For A Divorce?
Question: My husband left about three month ago, and he and I haven't had any contact since then. How long must I wait before I can file for divorce?
Answer: If you have only been separated for 90 days, then neither of you can file for a divorce yet, unless one or more of the fault grounds (adultery, alcohol/drug abuse, or physical abuse) are involved. If there is no fault, then you must live apart for a year before you can file for a divorce. However, you can file for a legal separation now, and in many situations, it is a smart idea to do so and protect yourself and your assets, rather than simply doing nothing for a year.
My husband and I have lived apart since January. He has stayed with our daughter in Virginia or at our summer home in Maine while I was in South Carolina or I have been in Virgnia when he was at our house in SC. We have not been able to afford a second rental. We want to file for divorce at the end of a year, but are worried that we will have a problem proving that we have lived apart since January, since we have not had a permanent 2nd address for one of us. How can we prove this so we can file papers in January?
I have been separated from my husband since March 2005. He moved back to NH in November 2005. We hardly have any contact with him but he does pay $224 a month for all four of his kids in child support. Yes, for real only $224 for four kids. Anyway....I am sick of waiting for him to file as he had said he would and I want to be divorced by my birthday in Feb. 2010. Is that possible? I have been told that it will cost me over $1000 in SC for that. Is that true? I was also told that I could file abandonment. Is that true also? I would love some help with this. Thanks!