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  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Can I Divorce a Spouse While He is Unemployed

    My question involves a marriage in the state of:South Carolina.
    In South Carolina you have to be separated from your spouse for 12 months prior to filing for divorce. Two months shy of this 12 month requirement my ex gets fired from his job. It's been 4 months since than and he hasn't found a job. He did go to see his lawyer after the 12 months was up and the lawyer said we should wait till he gets a job before we proceed. So b/c of his situation I can't move on with my life and I'm trying to figure out the reasoning on why the lawyer said we should wait. Is it that he's just fearful of not getting paid or are there legal reasons for us to hold off? My ex and I are on speaking terms and there aren't any hard feelings. It just didn't work out for us. If we were able to go through with the divorce while he is unemployed could the judge make me pay him support?

    The only unresolved asset we have is the house. He lives in it and he pays the mortgage. But my name is on the loan. He tried to refi but couldn't b/c our house appraised for less than the loan that we have. I know there is a refi mod loan out there that he could try but not until he has a job. B/c my name is on the loan could this possibly be another reason that the judge could make me support him.

    Thank you for your time.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Can I Divorce a Spouse While He is Unemployed

    From what you have stated, it appears that the proper question is whether you should divorce your husband while he is unemployed. Employment status is not a bar against divorce, but it may result in spousal maintenance based on the laws of the state that you reside in.

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Can I Divorce a Spouse While He is Unemployed

    I appreciate your response. You are correct it is a question of should I divorce him now. I'm just trying to move on with my life and buy a new house and I feel the married status may complicate that. I was just trying to look at all of my options. Thank you.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can I Divorce a Spouse While He is Unemployed

    Quote Quoting marie311
    View Post
    I appreciate your response. You are correct it is a question of should I divorce him now. I'm just trying to move on with my life and buy a new house and I feel the married status may complicate that. I was just trying to look at all of my options. Thank you.
    House prices are still going down .. no rush ..

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