Separation Agreements In South Carolina

In some states, people can get a legal separation that is similar to a divorce, but South Carolina law does not recognize the concept of legal separation. That said, there are some instances in which a family court in South Carolina will issue an Order of Separate Maintenance and Support.

At Bluestein & Douglas, LLC, we can help with this complex legal issue. Our firm dates back to 1999, and our team of attorneys has decades of experience to bring to every case. Our separation lawyers are known for providing personalized legal guidance and steadfast support when you need it most. Call today to set up a consultation.

Why Would You Consider Using A Separation Agreement?

South Carolina recognizes no-fault divorce, which means that neither spouse has to prove that the other party caused the divorce or did anything wrong. They can simply cite irreconcilable differences.

However, there is a mandatory period of one year during which couples have to live apart before they can file for a no-fault divorce. They need to have two separate living situations, not just different rooms in the same home.

As such, the main benefit of an Order of Separate Maintenance and Support is to ensure that necessary financial support is provided. For instance, one spouse may be the main breadwinner for the family, while the other is a stay-at-home parent. For the year of separation, the stay-at-home parent may need spousal support to help them pay their bills, such as rent, transportation and other necessities. They may also need child support to divide the financial burden of raising the children independently.

The separation order issued by the courts can address this, along with child custody issues, ensuring a legal framework is in place that protects everyone’s rights and officially recognizes their legal obligations.

If the couple then moves forward with a no-fault divorce, they will get formal custody orders or support orders when the divorce is finalized. However, the separation agreement helps to bridge this gap for a trial separation or a minimum of 12 months while they are living separately prior to divorce.

Call For A Consultation

To set up a consultation with an experienced Mount Pleasant separation attorney, just dial 843-769-0311 or use the online contact form.