Close X

Blog

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.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Twitter

Subscribe to our Newsletter!

Sign 20up 202

CLICK HERE to subscribe to our new monthly newsletter full of interesting news, stories, and advice to benefit you and your family.