Even if you are the sole proprietor of the property in South Carolina, you cannot evict your spouse without a court order from the family court. It is essential to recognize that a single name appearing on a property’s deed does not preclude the property from being affected by marital status. Therefore, regardless of who actually owns the property, your spouse will retain certain legal rights to the residence you shared during the course of your marriage.
When the relationship between a married couple begins to deteriorate, the question of whether or not one partner has the legal authority to evict the other from their shared residence frequently arises as a potential resolution to the conflict.
We frequently represent clients whose partners are unwilling to leave the marital home despite the deterioration of their relationship, and it is in this regard that we have distinguished ourselves as the best divorce lawyers in Charleston South Carolina.
This article examines the complex legal issues surrounding the situation. That is including your legal ability to evict your spouse. Also the potential alterations to the property’s security, and the legal grounds and procedures for evicting a spouse from their residence.
Locking Your Spouse Out Is a Dangerous Action
To attempt to compel a separation, changing the locks on one’s home is a common strategy. Not recommended for several reasons:
- Without a family court order, the spouse has a legal right to re-enter the house.
- Law enforcement may assist the barred-out spouse in some cases.
- Unilateral actions can have negative repercussions in family court.
- The court may view these actions negatively, affecting the case outcome.
- Family court may not reward those who do the right thing, but it can impose serious consequences on those who do the wrong thing.
Obtaining Your Spouse’s Legal Release
In the majority of cases, obtaining a court order from the South Carolina family court is typically necessary if you wish to have your spouse removed from the home you both share. It’s important to note that even if your spouse is willing to leave voluntarily, this legal process is still required. The two most effective strategies for persuading a judge in family court to order your spouse to vacate the shared residence are as follows:
Domestic Violence
Protection from Domestic Abuse Act of South Carolina enables the family court to grant an abused spouse interim control of the shared residence. The court is required to schedule domestic violence hearings in a timely manner, ensuring prompt action. Domestic violence encompasses both physical assault and the threat of physical damage. If you have been threatened, physical injuries are not required.
In addition to ordering your spouse to leave the marital residence, the court can make temporary arrangements for spousal and child support, custody and visitation rights.
Divorce on Fault Grounds
In South Carolina, if you petition for divorce on the grounds of adultery, physical cruelty, habitual intoxication, or drug use, the family court can order a spouse out of the home. Even if the parties have not physically separated. Notably, merely alleging fault in a lawsuit may not be enough to persuade a judge to order your spouse out of the home.
During a temporary hearing in South Carolina, you must present “prima facie” evidence of your spouse’s fault because the state’s public policy is to protect marriages. If you wish to successfully persuade a judge, you must do so. The phrase “prima facie” means that you provide sufficient evidence for the fact to be accepted as true unless the opposing party presents evidence to the contrary.
In this situation, the fact would be acknowledged as genuine. This evidence should consist of concrete proof of fault, such as reports from private investigators or detailed affidavits from third parties, and not merely allegations. The evidence should ideally be presented in chronological order.
Consult With Our Top Divorce Lawyers in Charleston
Successfully navigating the complexities of marital disputes and the legal process of removing a spouse from the home in South Carolina requires a deep understanding of the laws and careful consideration of the circumstances. The law may not necessarily support such actions, and they can result in negative repercussions in family court.
Although it may be tempting to act unilaterally, such as by changing the locks, the law does not necessarily support such actions. In addition to obtaining an order from the family court, it is necessary to present substantial evidence of fault.
Such as domestic abuse, adultery, physical maltreatment, or habitual intoxication, in order to divorce a spouse through the legal system.
If the parties have a comprehensive understanding of these legal mechanisms and seek the advice of seasoned family law professionals, they will be able to approach this difficult situation with more informed strategies and a greater sense of confidence in their legal standing.
If you find yourself in this situation, you should schedule an appointment as soon as possible with one of the most highly regarded divorce lawyers in Charleston, South Carolina.
Navigating this difficult procedure with the assistance of knowledgeable legal professionals is imperative to ensure the protection of your rights and interests.
Domestic Violence Safety Measures
Under the Protection from Domestic Abuse Act, if you or someone you know has been the victim of domestic violence, you have the right to seek protection. This makes it possible for the family court to quickly intervene to protect your and your children’s welfare.
The court may grant you temporary custody of the child, along with visitation rights, child support payments, and control of the shared residence. The South Carolina legal system takes domestic violence extremely seriously, and you can rely on it to ensure your safety during this difficult time because of this.
When coping with the effects of domestic violence, your safety and well-being should take precedence. One of the most effective ways to protect your rights and pursue justice is to retain a distinguished Charleston, South Carolina divorce attorney.
Due to their extensive knowledge of family law, the attorneys here are able to provide you with the assistance and guidance you need during this difficult time.
Developing a Safety Program
A safety plan is a comprehensive strategy that assists victims of domestic violence in protecting themselves and their families. It involves several essential components:
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Identify Safe Spaces: Know where you can go in an emergency to seek refuge. This could be the home of a trusted acquaintance, a domestic violence shelter, or a public place.
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Emergency Contacts: Maintain a list of emergency contacts, including the police, a hotline for domestic violence, and your attorney.
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Secure Important Documents: Keep essential documents such as identification, passports, financial records, and restraining orders in a secure location.
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Communicate with a Trusted Friend: Inform someone close to you about your situation so that they can offer support and assistance when necessary.
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Restrict Your Social Media and Online Presence: Be wary of the information you share online, as perpetrators may use it to track your movements.
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Change Locks and Phone Numbers: If possible, change your home’s locks and obtain a new phone number to avoid unsolicited contact.
Seeking Protective Orders
Protective orders, also known as restraining orders, have the potential to be an effective means of ensuring an individual’s safety. These legal documents will prevent your abuser from contacting you or coming near you.
If you live in or around Charleston, South Carolina, you can ask your attorney for assistance in obtaining a protective order to strengthen your existing safety plan.
Conclusion
In South Carolina, navigating the legal process of evicting a spouse can be difficult. So it is essential to proceed with caution and legal counsel. Understanding your legal rights and available remedies, such as seeking a family court order based on domestic violence or fault grounds. It is essential for protecting your interests and ensuring a fair outcome in family court proceedings.
Attempting to evict a spouse without a court order may result in negative repercussions, including possible legal action against the party attempting the eviction.
Typically, in South Carolina, obtaining a court order from the family court is necessary to successfully remove a spouse from a shared residence.
To achieve this, individuals should actively seek guidance from experienced and top divorce attorneys in Charleston South Carolina, who can assist them in navigating the intricate legal procedures of domestic violence and divorce for cause while safeguarding their rights and interests.
