At the David W. Martin Law Group, our South Carolina divorce attorneys know that before spouses can get divorced in the Palmetto State, they must live separately and apart for one year. We also know many things can change over a year, including one spouse packing up and leaving the state to start over.
The question becomes, does the move place your divorce on hold? Generally, the answer is no.
However, there are factors to consider regarding jurisdiction and the practicalities of moving forward with the divorce process. We can help.
If Divorcing Spouses Live in Two Different States, Which One Has Jurisdiction?
South Carolina courts typically have jurisdiction over divorce cases if at least one spouse meets the residency requirements — that is, they must have resided in the state for at least one year before filing for divorce.
If your spouse moves out of state but you meet the residency requirements, you can still proceed with the divorce in South Carolina. However, there may be challenges that might not have existed if they had still lived here. Our skilled South Carolina divorce attorney can help you through these with precision.
What Divorce Challenges Can I Face When Divorcing Someone Who Moved From South Carolina?
The first challenge most spouses face when the person they are trying to divorce moves out of state is ensuring proper process service for the divorce papers. We can help you understand the legal requirements of their new state of residence, and devise a plan of mailing the documents versus partnering with a local sheriff’s office or a private process server to complete the proof of service and file the affidavit with the South Carolina court to show that the spouse was served correctly.
The second challenge is typically a lack of communication and cooperation — especially if the spouse who moved wants it that way.
Their physical absence may complicate aspects of the divorce process, like negotiations, mediation sessions, or court appearances. However, this will not stop the divorce process. With our experienced South Carolina divorce attorney by your side, we can file a motion to request a default judgment so you can move forward.
While distance, communication challenges, and scheduling issues may contribute to delays, your spouse’s move will not stop your divorce proceedings from moving forward. We can help ensure that this is true.
Contact Our David W. Martin Law Group Family Law Attorneys Today
Contact our David W. Martin Law Group family law attorneys in South Carolina today by calling (803)-548-2468 to keep things moving and ensure your rights are protected throughout the legal process.
