NicoleinOntario
recently joined
Reged: 06/01/05
Posts: 6
|
|
I am from South Carolina (lexington/columbia area) Legal aid is tough to get in touch with on the phone! Go up there in person with all the proof and paperwork you will need in hand ... they will either take you in as a walk in or set you up with an appt.
get a notebook ... write down everything you can remember (cheating, etc ..) and from now on everytime he threatens you write it down, as already mentioned DO NOT give in to him by giving anything or promising anything. NOTHING .... I played to the tune of a control freak for a long time, I finally put my foot down .. grow some nuts and make a stand for yourself. get what you can ... he wants to leave then let him go just make sure you cover your basis and do not let this man take you down and bury you alive. Good luck in getting in touch with someone to get some resolution!
|
cumberobinson
newbie
Reged: 05/15/05
Posts: 27
|
|
Thank you for the advice and encouragement, I really do need it.
Bless you!
|
Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
|
|
I am coming into this late and I am sorry. I am in Greenville, SC. Several things.
1)Unfortunately, unless he is in a current affair, you can not file for adultery. Even though he committed it, you allowed him back and you are back on a clean slate.
2) He can not file for being uhhappy.... That's absurd.
SC is a fault state, but it has to be grounds of substance abuse, physical abuse or adultery.
If it does not fit into those catagories, then you will file for a one year seperation.
Document everything.
|
Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
|
|
Wait.. I just read he is currently involved with someone.. IN SC THAT IS ADULTERY.. EVEN IF SEPERATED!
I know this one first hand.. I was hit with "Post seperation Adultry" even though we had gone to court and had papers saying "live life as if single".
Okay.. let me explain.
SC is a very hard state to get divorced in. They want to exhaust all avenues before allowing the divorce, this is the reason for one year seperations. He is not allowed to just move out, consider that seperation and then start dating.... You have to file legally, you have to have a hearing before you are declared seperated. You can both agree to live life as single, however at any time the other party decides NO... then they can pop you with post seperation adultry, which turns it from a year to 90 days divorce.
What part of SC are you in? I have some good friends in the upstate that are attornies... One is a female by the name of Kaye Davis. Her firm is Kaye Davis Law firm. I do not know her rate, but I can tell you she is very aggressive and does not tolerate adultery.
|
AZRN
member
Reged: 03/22/05
Posts: 151
|
|
Per this site's info:
State Divorce Laws: South Carolina
LEGAL GROUNDS FOR DIVORCE: No-Fault: Living separate and apart without cohabitation for 1 year. [Code of Laws of South Carolina; Chapter 3, Section 20-3-10].
General: (1) Adultery; (2) alcoholism and/or drug addiction; (3) physical cruelty; and (4) willful desertion for 1 year. [Code of Laws of South Carolina; Chapter 3, Section 20-3-10].
|
cumberobinson
newbie
Reged: 05/15/05
Posts: 27
|
|
He is not only in a current affair, he is living with the person over a month now, and I did not allow him back this time. He still wants the Divorce, I was going to file Legal separation, but I am leaning more towards the Divorce now, since he and I know he will never change. He is telling me we are legally separated as long as we have witnesses to our living apart; I know better that we do have to file in order to be legally separated. In order for me to file on grounds of Adultery, I need to have proof, of him staying with the other person, and it has to be from another witness besides me, this is what my lawyer tells me. So I have to get someone to get proof and be willing to testify this in court. I am getting discourage over all of this, it seems like he is still in control of my life to a certain degree, and I want to be out of this sooner than the law will allow. He has locked me out of our joint bank account and there is no telling what else he might try and do. I am still working with him on letting him do things with the children, yet it is not easy, because he uses seeing them as an excuse to come by and verbally attack me in front of them, and they are getting upset that he only spoke with them for 10 minutes and dislike the fact that he treats their mom the same way. What is the point if he claims he is happy with someone else now? Doesn't seem so though! Why he does not want me to be happy too?
|
cumberobinson
newbie
Reged: 05/15/05
Posts: 27
|
|
Wow! I did not know about the "Post seperation Adultery." Did your ex had to have proof of the Adultery, like pictures? The thing is he tells me that since he wants the Divorce, and at first I did not, but am thinking why wait go ahead and get it, nothing has changed. He is telling me since I have grounds of him on Adultery for me to file, but the thing is when we get to court he may not admit to Adultery. So I am going to try and get someone to help me on proof of this.
|
Previous
Index
Next
Threaded
[Re: 
Edit
Reply
Quote
