What are my rights if my husband wants a divorce?
Full Question:
Answer:
If you are not interested in remaining married to your husband, the first option to consider is divorce. You may bring a divorce action claiming "no fault" if you have been living separately for 1 yr. Otherwise, you can allege fault in the break up of the marriage such as adultery, desertion, physical cruelty and addiction to drugs or alcohol.
Fault allegations must be proven in court and if proven, can greatly effect the court's decisions regarding spousal support, property distribution and/or child custody.
If you do not wish to become divorced, the law in South Carolina also allows for legal separation. You would file a separate petition asking the court to decide the issues of property settlement and child custody/support, but you would remain married.