After that, the final divorce decree is signed by the judge. While many people believe that once separated from their spouse, they are free to start dating again. There is no «legal separation» in South Carolina. You are still married to your spouse until the judge signs your divorce decree. In the same note, you are still married, so you cannot marry another person before your divorce, as this would constitute bigamy. In the past, the parties resolved their own or had to go to court and ask a family court judge to decide their case. Now, there is mandatory mediation in divorce lawsuits in South Carolina. Here in York County, there are a number of good, qualified mediators who are often effective in resolving cases. If necessary, we can seek mediators from other parts of the state, including Greenville, Columbia, and Charleston. Mediators can be very helpful in breaking deadlocks and getting parties to compromise in the interests of their mental health, their children and their legal fees. Both parties have to give up something for mediation to work, but the short-term sacrifice is usually worth regaining control of your life in the long run.
Once a case is carefully studied and prepared, mediation is a great solution to the remaining problems so that you can begin the next phase of your life. In South Carolina, a legal separation is technically called a «separate support order» or «separation and maintenance order.» Legal separation in SC occurs when the spouses live in two different places. It is not considered a separation if each spouse lives in the same house, but in different rooms. *It is important to note that these factors are not «clear-cut». Several other factors and circumstances may be taken into account when granting a declaration of disability. Family judges may exercise a wide margin of appreciation in their decisions after taking into account the specific facts of a case and the relevant law. Annulment essentially considers marriage void, as if the marriage had never taken place, while divorce terminates a legally valid marriage. In South Carolina, the only way to get a no-fault divorce from you is to live apart for a year. There is separate living when the spouses live in two different places. Living in different rooms in the same house is not considered a separate life. Spouses don`t need a separate support order and support to live apart, but it can help spouses protect their financial interests and resolve visitation and custody issues during the separation period.
The laws governing separation and divorce are unique to each state. For example, North Carolina recognizes legal separation. Many couples who live under this heading do so because they also have to be separated for a year before filing for divorce. The reason for this comparison is that South Carolina`s laws are similar to those that recognize legal separation. However, it`s important to understand the difference when you`re getting divorced. There is no legal separation form. You can ask for a preliminary hearing and, with the help of your lawyer, ask for a separate support order and support order. A separate support order is an order made by a family judge. Once you and your spouse are separated, you can file an agreement with the court, get it approved by the judge, and make a legal separation. It is not a divorce; The parties are still married.
South Carolina does not recognize the term «legally separate.» This can be confusing for some people, especially when they find that to get a no-fault divorce from you, you have to live apart for a year. According to South Carolina law, you must prove one of five reasons to get your spouse divorced. The most common and easiest way to divorce is for both spouses to live apart and apart for a year. The family court will require a «corroborating witness» that the parties actually lived apart for the required period before filing for divorce. This is the so-called «no-fault» reason and allows both parties to end the marriage relatively peacefully. No one has been charged or proven «guilty». And there are no nasty permanent discoveries of adultery or abuse. This method is preferable and is usually the most favorable in terms of legal fees.
If possible, this is the goal when couples come to the conclusion that their marital relationship is over and cannot be reconciled. Most people would call this a «legal separation,» although that`s not technically correct. South Carolina does not recognize a «legal separation,» but family court can issue a separate child support order and a support order at a temporary hearing that deals with immediate matters, such as the payment of alimony, which cannot wait for a final divorce decree. Legal separation is not the same as divorce. Although the spouses are legally separated, they are still married. A couple is married or unmarried in South Carolina. This is not the same as being «separated» because legal separation does not technically exist in South Carolina (see question of legal separation). The parties do not need this order to satisfy the one-year separation requirement for a no-fault divorce in South Carolina. Divorce is not only emotional, but also confusing legally. People are trying to figure out child support, custody, division of property, who will keep the house, etc.
For debt-based divorce, South Carolina recognizes (1) adultery, (2) habitual drunkenness or drug use, (3) physical cruelty, and (4) abandonment. It should be noted, however, that abandonment is rarely used as a ground for divorce, since the parties must have lived separately and separately without living together, as well as the requirement of a continuous divorce of one year without fault on their part. The parties may* obtain a divorce 90 days after the filing date if there is a fault-based ground and the burden of proof of the existence of fault has been met. Before filing for divorce, a person can obtain legal separation by applying for a judgment on separate alimony. To file for divorce or separation in South Carolina, at least one (1) of the parties must have resided in South Carolina for more than one (1) year or prove that both spouses have lived in South Carolina for at least three (3) months. During this initial filing, you will also need to determine if there are other immediate legal issues that need to be brought before the courts, such as custody, alimony and visitation, and temporary support. In a final divorce decree, all marriage matters, including division of property, children`s affairs, and other requests for alimony, are resolved by yes. All issues must be resolved before a divorce is usually concluded. There are certain circumstances in which judges divide questions (divide questions), but this is not very common because there are many legal pitfalls that can arise. You should contact our South Carolina office to further clarify these potential pitfalls. South Carolina does not recognize «legal separation.» Instead, South Carolina family courts issue separate support and support orders, which include specific details about custody, visitation and support arrangements for the parties, as well as how to maintain marital property and pay marital debts until the case is resolved at a final hearing or hearing.
A separate support order is a temporary order; It does not cover the issue of divorce and does not terminate the marriage of the parties. This information has been created to give you general information about the law. It is not legal advice on a particular issue.