Are you preparing for a divorce in South Carolina? You may have a lot of questions about your options. Getting a divorce can be especially difficult if you cannot find your spouse. Generally, you have a duty to serve divorce papers on your spouse before you can move forward with the process. However, there is an exception for cases in which a spouse cannot be found after a good-faith effort. Here, our Charleston divorce lawyer explains what you can do if you cannot locate your spouse while preparing for or going through divorce proceedings.
South Carolina Law Requires You to Try to Find Your Spouse
To get divorced in South Carolina, you need to file the proper paperwork—a petition for the dissolution of marriage—with the appropriate court. In an uncontested divorce case, couples in Charleston can file for divorce together. However, in other cases, the filing spouse has a duty to “serve” their partner. Under South Carolina law, you are obligated to make a genuine effort to locate your spouse if they are missing during divorce proceedings. The process is known as “due diligence.” The court requires that you take reasonable steps to find your spouse, potentially
- Checking their last known address;
- Contacting family or friends; and
- Even possibly using professional services such as a private investigator.
You Can Petition the Court to Post a Divorce Notice If Your Spouse Cannot Be Located
If your diligent efforts to locate your spouse are unsuccessful, South Carolina law allows you to request permission to serve divorce papers by publication. This involves filing a petition with the court and providing evidence of your attempts to locate your spouse. Once approved, you can publish a divorce notice in a newspaper designated by the court. Most often, the paper will be one that circulates in the area where your spouse was last known to reside.
Desertion is Grounds for Divorce in South Carolina
Most divorces in South Carolina are no-fault divorces. With that being said, our state also offers some fault-based divorce options. Under South Carolina law (S.C. Code § 20-3-10), desertion—when one spouse abandons the other for an extended period without justification—is recognized as a valid ground for divorce. Specifically, the law requires a continuous absence of at least one year to establish desertion. Proving desertion may require evidence of your spouse’s prolonged absence and their lack of communication. While this ground for divorce does not require locating your spouse, the court will still need to confirm that reasonable efforts were made.
Speak to Our Charleston Divorce Attorney Today
At Query Sautter & Associates, LLC, our Charleston divorce attorneys are compassionate and experienced advocates for clients. If you have any questions about your options or if you cannot locate your spouse, please do not hesitate to contact us today. With a law office in Charleston, we provide family and divorce representation throughout the surrounding region in South Carolina.