South Carolina doesn’t recognize authorized separation.” As an alternative, the South Carolina Family Courts problem Orders of Separate Maintenance and Assist, which provide particular details concerning parties’ little one custody, visitation, and help arrangements, as well as sustaining marital property and paying marital debts, till the case is resolved at a remaining hearing or trial. Submitting for authorized separation doesn’t prevent a divorce from being filed. In contrast, a physical separation does not change a couple’s authorized status. If you’re physically separated kind your partner, chances are you’ll be best served by seeking a authorized separation.
All assets have to be divided, the court docket must resolve how custody, baby support, or spousal upkeep shall be approached and the parties should separate their personal and actual property in accordance with an settlement issued by the court.
Legal separation is considered an alternative choice to divorce for those who may have non secular or social objections to an precise divorce. Throughout the time you’re residing apart, you could have a court order that outlines the rights and tasks of every spouse.
By comparison, in a authorized separation the court doesn’t have the authority to restore either particular person to their maiden title. A authorized marriage separation is totally different than dissolution of marriage in that the parties remain legally married and cannot remarry.