South Carolina does not acknowledge legal separation.” As an alternative, the South Carolina Family Courts problem Orders of Separate Maintenance and Support, which offer particular particulars relating to events’ baby custody, visitation, and help arrangements, as well as maintaining marital property and paying marital debts, till the case is resolved at a remaining hearing or trial. Nonetheless, the rising pattern toward informal separation and no-fault divorces is making this more formal authorized process increasingly out of date. Legal separation is a relic from Louisiana’s old fault-primarily based divorce scheme. The separation settlement also sets a precedence for the divorce that will observe.

These include a marriage during which the 2 events need a time apart while they try to restore their marriage. The tip result’s a Judgment of Authorized Separation granted by the court which legally modifications the marital standing of each spouses. Legal separation is an alternative choice to divorce for individuals who can’t proceed to live collectively but don’t need to finish their marriage.

Even when the parties begin out in the authorized separation process, it is vitally simple to change the case to a divorce without having to begin over, if the events change their thoughts halfway via the method. A separation settlement can shield your pursuits till the choice is made to file for divorce.

For instance, an adultering or abusive spouse cannot be the one to seek a legal separation. Your attorney will make software to the court docket in order that a judge can signal your separation settlement. In case you need assistance deciding whether or not authorized separation is best for you, contact Axley’s Household Law Staff.

The key drawback of a legal separation is that the terms of a legal separation judgment aren’t remaining” in the same means that many phrases of a divorce judgment are. For instance, some couples remain separated for spiritual reasons. In some states, authorized recommendation is required to make a separation agreement legally binding.