Legal Separation | South Carolina Bar
There is no prohibition to “dating” during a separation. Under South Carolina law, if a married person is proven to have had a sexual. Frequently asked questions about South Carolina divorce. apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce. . At what point during the process can a spouse remarry or start dating?. South Carolina does not recognize “legal separation. agree to allow each other to date or have sex with other people while they are still married to each other.
The supported spouse can incur significant fees in defending that claim.
Can You Date While Separated in SC?
Even for the supporting spouse, dating can pose a danger on alimony. In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate … 10 marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of a the formal signing of a written property or marital settlement agreement or b entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
An unreported Court of Appeals opinion, Lake v. However, unlike with alimony, such post-separation adultery is only a factor in equitable distribution if it occurs prior to the court issuing a temporary order in the case.
In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors … 2 marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of: SharpeS.
Finally—obviously—post-separation adultery remains a ground for divorce. However once a final order of separate maintenance has issued this should probably not be a concern for a client who wishes to date so long as that client does not expose his or her children to those he or she dates. For a client who wishes to date after separating but before divorcing the key is to reduce the risk that the dating does not lead to a credible adultery claim or a claim that this dating was the cause of the breakup of the marriage.
Ideally such dating should be confined to public places and there should be no public displays of affection beyond friendly hugs.
9 Questions about Legal Separation in SC | Kimmons Law
One still needs to prove opportunity to commit adultery and an inclination to commit adultery to prove adultery. Limiting the contact to public places and limiting the displays of affection reduces, but does not eliminate, the risk of adultery being alleged.
There is no legal status between being married and divorced, although there may be court orders put in place during the time of separation. You are not considered separated in South Carolina if you are still living with your spouse. To be separated for the requisite amount of time, you have to live separate and apart from your spouse.
What is the difference between legal separation vs. Legal separation is not the same thing as being divorced. While spouses are legally separated, they are still married. A couple is either married or not married in South Carolina.
A common mistake is people thinking they can now date freely because they are separated.
If conduct would have been considered adultery during a marriage, it would still be considered adultery during the period of separation, as the parties are still married.
Is there a legal separation form? There is no legal separation form. You may request a temporary hearing and seek an Order of Separate Support and Maintenance with the help of your attorney.Can you date during your divorce?
Is there a legal separation agreement? This agreement is negotiated between the two parties. Your attorney can help you negotiate to protect your interests.
These agreements settle important issues like division of real estate and personal property; child support; alimony; allocation of debts and legal fees; health and life insurance arrangements; and custody and visitation of minor children.
What is the cost for a legal separation? There is no set amount. Different attorneys charge different hourly rates and may have different fee structures. What is the process for a legal separation?
There is no legal status between being married and divorce. Getting an Order of Separation and Maintenance accomplishes the same goals.