Some states require a couple to be legally separated for a given length of time before filing for divorce; our state is not one of them. However, a separation action performed prior to the divorce can lay the groundwork for the eventual divorce agreement and allow issues such as custody and alimony to be worked out prior to filing for divorce. Knowing the direction a divorce is headed can provide all parties with peace of mind.

At Aaron & Aaron, our Clemson separation lawyer can help you identify your options if you are considering a separation agreement and make sure that every aspect of your divorce — whether resolved through negotiation, mediation or litigation — is handled according to your best interests.

Information About Marital Separation In South Carolina

Although South Carolina does not allow legal separations in the same way that other states do, there are still various ways that spouses whose marriage has become troubled can effectively continue their lives separately without getting divorced. This is accomplished by:

  • The spouses begin to live in separate residences

  • One spouse files a petition with the Family Court

  • This petition seeks maintenance and support from the other spouse

  • The other spouse then responds to this request

  • A hearing is held and a judge can assign maintenance and support as he or she decides is fair

  • The judge can also determine which spouse gets to live in the family home

The result of this process is that the spouses can live apart, but the couple is not technically divorced. Since the couple is not divorced for legal purposes, the spouses are still prohibited from marrying anyone else, and they may still inherit property and receive benefits as any other married couple would.

Contact An Attorney

From our office in Clemson, we serve clients throughout the state. To arrange a free consultation and discuss your options for marital separation, contact us today.


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