Will Leaving the Marital Home Lead to Charges of Abandonment in South Carolina?

What is Considered Abandonment in a Marriage in SC

At the David W. Martin Law Group, our divorce attorneys in Greenville, South Carolina know that our marriage dissolution laws may seem antiquated compared to other states, and depending on who you talk to, they may be just plain confusing.

Especially when it comes to terms like abandonment and desertion, and how they apply to your marriage. And, more importantly, what they can mean for someone who is getting divorced.

Let’s clear up the confusion.

What is Considered Abandonment or Desertion in South Carolina?

In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.

It is also grounds for an at-fault divorce in Rock Hill, South Carolina, but it easier to obtain a divorce on the grounds of a one-year continuous separation when the definition of abandonment applies to your marriage.

Here is where things become even more confusing.

South Carolina does not recognize legal separation as a way to define a couple that is not yet divorced, but when spouses live separately for once calendar year, they meet the terms of our state’s no-fault divorce requirements and can proceed with filing the paperwork.

Can We Prepare for Our Divorce While Living Separately for One Year in South Carolina?

The good news is, yes. You may begin preparing for divorce while you are inside the mandatory year of living separately through an Order of Separate Maintenance and Support.

At the David W. Martin Law Group, our Greenville County divorce attorneys will outline each of the details of your marriage, including your finances, property division, alimony needs, child custody agreements, and child support, depending on which factors apply to your case.

Each of these components can be settled during the one-year period while you are living separately and awaiting your divorce, so once the time comes, the paperwork can be handled quickly, and you can move forward with your new life.

The Order also allows you to pursue the financial support you need during the separation period in Fort Mill, which may be increasingly important when you share children with your soon-to-be-ex-spouse, or if you have a challenging spouse who is unwilling to agree on certain terms that must be addressed sooner than later.

If you have a spouse that has not lived in your home for more than one year without justification, are considering a divorce, or are ready to file for divorce in South Carolina,  contact our Fort Mill family law attorneys at the David W. Martin Law Group today by calling (803) 548-2468 to review your case with our experienced lawyers who are here to help you pursue positive results.

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David W. Martin Law Group

108 Springs St, Fort Mill,
SC 29715-1722
(803) 548-2468

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Greenville, SC 29607
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