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When Can I File For A Divorce?

Posted by J. Benjamin Stevens | Aug 26, 2008 | 0 Comments

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.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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