South Carolina doesn’t acknowledge legal separation.” Instead, the South Carolina Household Courts problem Orders of Separate Maintenance and Support, which provide specific particulars regarding events’ youngster custody, visitation, and support preparations, as well as maintaining marital belongings and paying marital debts, until the case is resolved at a remaining hearing or trial. For instance, an adultering or abusive spouse can’t be the one to seek a legal separation. Your legal professional will make utility to the court in order that a choose can signal your separation settlement. Should you need help deciding whether or not authorized separation is best for you, contact Axley’s Household Legislation Crew.
It may also be difficult to stand behind any custody agreement or little one support amount if the separation will not be legally filed. Authorized separation doesn’t automatically result in divorce The couple may reconcile , by which case they do not have to do something in an effort to continue their marriage.
Because of a legal separation, the couple is no longer thought of married for purposes of acquiring marital property or debts, or for submitting joint income tax returns, for example. For a lot of couples, physical separation is a precursor to a authorized separation or divorce, however not at all times.
A authorized separation is a proper legal settlement between spouses, which allows for separation of their lives and finances but doesn’t dissolve their marriage. Only an knowledgeable would know how you can protect the parties from all the seen and unforeseen problems which come from continuing to reside collectively after a Judgment of Authorized Separation has been entered.
Earlier than anybody should think about a legal separation, they need to perceive that the process of obtaining a authorized separation in each meaningful approach is an identical to the method of acquiring a divorce. The separation agreement signifies that the couple now not lives in the identical residence.