How do you go about getting a divorce from a spouse who is living with someone else?

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How do you go about getting a divorce from a spouse who is living with someone else?

We have no children or property together but I am (wife) unemployed because of mental issues. Do we still need to wait the year to get a divorce?

Asked on December 28, 2012 under Family Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country there is nothing preventing you from filing for a marital dissolution with your spouse. I suggest that you consult with a family law attormey to discuss what needs to be done as to the filing of the dissolution petition and its service on the spouse as well as a request for spousal support if need be.

There may be a time period before the court can declare the marriage dissolved after the filing and service of the petition under the laws of your state.


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