Legal Question in Family Law in South Carolina

divorcing

I really need a divorce as soon as possible but my husband is a inmate at Dekalb County jail and I don't have any idea when he is getting out. We have a son together but I have been taking care of him by myself. How do I go about getting a divorce in this kind of situation?


Asked on 5/30/09, 10:49 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: divorcing

You can still file for a divorce even if your spouse is incarcerated, but there will be some additional steps that you will need to take. Typically, the Court will require that a Guardian ad Litem be appointed to protect the interests of someone who is incarcerated, and that will add an additional layer of cost to the divorce case.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 6/01/09, 5:07 pm


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