Separation in South Carolina
Separation and divorce
In legal terms, there is no such thing as a legal separation in Charleston. That said, South Carolina does provide orders of separation maintenance and support, commonly referred to as a separation agreement.
Whatever it is called, legal separation involves most of the processes and decisions required for a Charleston divorce. Separation is different primarily because couples may live apart but remain legally married.
Separation agreements
The terms of a Charleston separation agreement can be negotiated prior to the courtroom proceedings, or the court can determine all terms in court. Either way, a judge must approve all terms before finalizing an order of separation maintenance and support.
The terms of separation and divorce are virtually identical when it comes to the division of property, custody, visitation, and support of the children, and spousal maintenance. But, when the terms of a separation in Charleston have been finalized, both parties must live by certain requirements that are different from those of divorce:
- Neither party can have relations with anyone else
- Both parties retain all inheritance rights in the event that one spouse dies prior to divorce
Only a divorce can legally end a marriage. And, couples are not required by law to seek a legal separation to live separately before deciding to file for divorce. When the marriage existed for a short time and did not result in complex financial issues, or when children are not involved, it may not be necessary to pursue a legal separation. When in doubt, it may be helpful to seek advice from an experienced divorce attorney to help you decide how to proceed.
The importance of an attorney when considering legal separation or divorce
Separation and divorce in Charleston are very similar, and the terms of each are binding. In fact, it is not uncommon for the terms of a divorce to stem from the terms of a separation. This is why it is critical for anyone seeking a separation in Charleston to obtain support from a skilled and experienced divorce attorney.
Contact The Bleecker Law Firm, LLC today to discuss your family law, divorce, mediation, child custody and related probate litigation questions. Our divorce lawyers assist clients in Charleston and throughout South Carolina. We practice in all South Carolina family courts.
