Nov 03

Common Myth about Legal Separation in SC

Written by: Megan Dell

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Common Myth about Legal Separation in SC

In some states, you can go to court and be given a legal separation, but there is no such thing as legal separation in SC and no “separation-agreement-filed-with-court” in the divorce process in South Carolina.

There is No Legal Separation in the Divorce Process in South Carolina

In this state, you are either “married” or “divorced,” but there is no marital status that is in between, even when you start divorce proceedings or filing for separation in South Carolina, you are legally married until divorce papers are signed. In South Carolina, file for divorce doesn’t mean you are officially separated.

Many clients do not understand that moving out does not change their marital status, and think they are “legally separated” and have proof of separation, therefore, can date like they did when they were single.  This is simply not true, as there is no such thing as legal separation in SC. In fact, a family court judge might consider dating after separating to be adultery.

This misunderstanding often arises because couples must live separately for a certain period to qualify for a no-fault divorce. However, living apart does not equate to a legal separation. During the divorce process in South Carolina, it is essential to recognize the distinction between physical separation and legal marital status. You can live apart from your spouse, but until the divorce is finalized, you are still legally married.

This distinction can confuse people when they are living separately from each other, not in the same house, and want to begin dating other people. Even when not living with your spouse, you can’t have a legal separation in SC. If you have the question “is it adultery if you’re separated” the answer is yes. Read on to learn why!

How Separating Affects the Divorce Process in South Carolina — An Example

One major point of confusion during the divorce process in South Carolina is the impact of separation on dating and adultery laws. If you are living separately but not yet divorced, beginning a romantic relationship with someone else can be considered adultery. Adultery during the divorce process in South Carolina can negatively impact alimony, property division, and other aspects of the final settlement.

Consider this scenario: Jane and John decide to pursue a divorce, and John moves out. Even though they live separately, they remain legally married. If Jane starts dating Bob during the separation, this could be seen as adultery, which could prevent Jane from receiving alimony. This is a critical aspect of the divorce process in South Carolina that many clients overlook.

To avoid complications, couples should understand that even when living apart, their actions can influence the divorce outcome. This is why having a clear understanding of the divorce process in South Carolina is crucial when making decisions during separation.

Why Knowledge of the Divorce Process in South Carolina is Important

Understanding the divorce process can prevent costly mistakes and ensure you comply with all legal requirements. Missteps, such as dating during separation or misunderstanding property division laws, can negatively affect the outcome of your divorce case. Seeking advice from an experienced family law attorney is vital to navigating the divorce process effectively.

Be sure you understand the South Carolina law before starting divorce proceedings as it will affect your signing a divorce settlement agreement. If you have questions about whether and when can you get a legal annulment in SC because you want your marriage annulled, read this. In a case of a do-it-yourself divorce, this becomes even more important as you won’t have legal counsel to remind you!

If you have any questions about legally separating, how to prove separation in sc, how to file for separation in SC, sole custody, or an annulment in sc, legal grounds for divorce, property division, child custody or legally changing your name, schedule a consultation with our South Carolina family lawyer today.

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