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Family Law

: SC Family Law Blog

When Can I File For A Divorce?

By Ben Stevens

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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.

Full post as published by SC Family Law Blog on August 27, 2008 (boomark / email).

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