In Need of a Legal Separation Attorney in Simpsonville, SC?
At the David W. Martin Law Group, our Simpsonville legal separation attorneys know that before spouses can pursue a no-fault divorce in South Carolina, they must live separately for one full calendar year.
Technically, there is no such thing as legal separation in South Carolina. However, there is a legal process called an Order of Separate Maintenance and Support — more commonly known as a separation agreement — that allows married couples to outline important details regarding their kids, finances, and property while they maintain separate living quarters for the mandated 365 days before they may officially file for divorce.
These important details should never be overlooked or placed on hold during the South Carolina divorce waiting period. Our Greenville County separation agreement attorneys can ease the process of making important decisions about your future, starting with a legal document that allows you to move forward, and plan for your divorce accordingly.
What Details are Included in a South Carolina Separation Agreement?
Officially called an “Order of Separate Maintenance and Support” in South Carolina is known simply as a separation agreement.
The details that may be included in a South Carolina separation agreement are unique to each marriage, and may include the temporary resolution to each of the couple’s pending divorce details, including:
- Property Division.
- Child Custody and Visitation.
- Child Support.
If you plan to file for a no-fault divorce in South Carolina and wish to enter into a legally binding separation agreement, you and your spouse must live separately and apart, with at least one of you planning for this arrangement to be permanent.
One spouse must file a request for an official Order of Separation through their Simpsonville divorce attorney with the Greenville County family court. The court will review the case, grant or deny the order, and settle any contested issues during the separation period.
Ideally, both spouses will be able to outline these important details in private, or through negotiations with their Greenville County divorce lawyers.
When spouses can make informed decisions without the court’s involvement, the separation process is less stressful, less expensive, and more productive than litigation and court orders.
Can a South Carolina Separation Agreement Become Permanent After the One-Year Waiting Period?
While not all divorce issues are covered in a South Carolina separation agreement, it can
create a framework for each party’s future, which is the primary goal of dissolving a marriage.
Once the one-year waiting period is over, the couple will still need to officially file for divorce. However, the details that are included in the separation agreement can help outline the permanent agreement that follows.
Separation agreements may also give spouses the insight they need to amend some of the details to better care for their children, extend or terminate spousal support, or change their visitation schedule to better adjust to their new family dynamics.
Our Simpsonville separation agreement and divorce attorneys will stand by you during each step of the process — from outlining the agreement and filing for divorce through private negotiations, mediation, or litigation to finalizing the details — so you can make informed decisions about your future.
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Contact Our Trusted Separation Agreement Attorneys in Simpsonville, South Carolina
If you are considering divorce or have questions and concerns about how your separation period will impact child custody and financial support matters, contact our skilled legal separation lawyers in Simpsonville, South Carolina today by calling 803-548-2468 to learn how we can help you pursue your new life with confidence.