In Need Of a Marital and Legal Separation Attorney?
In the State of South Carolina, separation and divorce work very differently than they might in other states.
If spouses do not have a basis for a fault divorce, they must be separated for one year, living separate and apart, before they can officially file for divorce.
The complication of the word “separation” begins immediately upon spouses filing for their marriage dissolution, as South Carolina does not recognize legal separation in its statutes. Instead, the courts will issue an Order of Separate Maintenance and Support during the designated time in which they must live separately before the divorce can proceed.
At the David W. Martin Law Group, our marital and separation agreement attorneys in Fort Mill, Greenville & Rock Hill, South Carolina understand that navigating the state’s separation laws might require help from a legal separation lawyer in Fort Mill, Greenville & Rock Hill, SC for many reasons, including when a spouse refuses to leave your house, or if you do not fully understand your rights.
If you need help coming to an agreeable settlement or if your spouse files an action against you, our separation attorneys in Fort Mill, Greenville & Rock Hill, South Carolina will remove the complications and stress from the separation process, so you can make informed decisions about your future during the mandatory separation period.
The Unique Situation Surrounding Legal Separation in Fort Mill, Greenville & Rock Hill, SC
In most states, a spouse can file for legal separation to split assets, assign child custody, and otherwise live separately without an official divorce.
In South Carolina, the courts do not recognize legal separation.
Instead, the courts will settle specific details of a split with an official order called a Decree of Separate Maintenance and Support until the couple has met the statutory requirements to pursue a divorce following the one-year separation.
These details are outlined in an agreement called an Order of Separate Maintenance and Support, which can resolve the issues of custody, visitation, alimony, property division, and other issues in the family court.
To receive an Order of Separate Maintenance and Support in South Carolina, the couple must:
- Live Separate and Apart
You and your spouse cannot live in the same residence if you’re separating for no-fault reasons. If your spouse refuses to leave the home, you may request a court order to order him or her out of the home if you have a basis for a fault-based divorce.
- Live Together but Establish Grounds For A Fault-Based Divorce
In a divorce based on adultery, desertion, habitual drunkenness, or cruelty, one can file for separation even while living with a spouse. The filing person will need to prove fault grounds.
- File for the Order
One spouse must file a request for an official Order of Separation from our in Fort Mill, Greenville & Rock Hill, South Carolina family courts.
The courts will review the case, grant or deny the order, and settle issues during the separation period.
What Details are Included in an Order of Separation in Fort Mill, Greenville & Rock Hill, SC?
An Order of Separate Maintenance and Support in Fort Mill, Greenville & Rock Hill, South Carolina will include decisions surrounding points of contention between you and your spouse, including:
- Child Custody
- Child Support
- Property Division
- Spousal Support
These are incredibly important issues that will build the framework for you, your spouse, and any shared children’s futures, as the temporary separation order will settle these matters until the one-year period has passed to seek the divorce.
Making Informed Decisions with a Marital Separation Agreement in Fort Mill, Greenville & Rock Hill, SC
At the David W. Martin Law Group, our separation agreement lawyers in Fort Mill, Greenville & Rock Hill, SC suggest spouses sit down to resolve these issues with a mutual settlement agreement that allows the issues related to their marriage to be solved without court intervention or lengthy litigation required.
We will represent one party to assist them through those negotiations or act as an independent mediator, so long as the attorney has not spoken with or consulted with either party before their negotiations.
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.
If you have questions about how marital agreement mediation works, we will explain the details during a consultation, so you can make informed decisions about the next year of your life without the court’s intervention.
Our separation agreement lawyer in Fort Mill, Greenville & Rock Hill, South Carolina realizes not all couples can make these decisions amicably or through mediation, which will require the court to make the decisions for them.
If this is true in your case, our experienced divorce attorneys in York County will litigate your case before a judge to pursue the best outcome available for your unique circumstances.
Do I Need A Lawyer For the Legal Separation Process in Fort Mill, Greenville & Rock Hill, SC?
An Order of Separation will not deal with all the issues of a dissolution of marriage, but it will create a framework for each party’s future, which is the primary goal of divorce.
Setting your own course through a professionally prepared, legally binding separation agreement may provide the confidence you need to get through the next year with clearly defined goals regarding your post-divorce life.
Although separation agreements cannot encompass each marital matter, as the couple will need to file divorce papers after one year of separation to settle other issues, they define a pivotal point in the divorce process, so everyone knows their rights and has the room to breathe as they navigate the mandatory waiting period to proceed with the final details of the divorce.
At the David W. Martin Law Group, our Fort Mill, Greenville & Rock Hill, South Carolina separation agreement lawyer can further explain the details regarding South Carolina’s unique legal separation laws and break down what you need to do to receive an official order from a judge.
We will also help you stand up for your rights as an ex-spouse and/or parent during a separation or divorce case.
Getting an Order of Separate Maintenance and Support is not a requirement before getting a divorce in the state of South Carolina. It can, however, give you the space, freedom, and rights you need before an official divorce.
After a year of living separately from your spouse, or upon proving a fault-based reason for the marriage’s dissolution, you can file for divorce. And our experienced Family Law Attorney in Greenville, South Carolina will continue to guide you down the path to completion, so you can begin your new life with confidence.
Our Family Law Lawyers in Fort Mill, Greenville & Rock Hill, SC Represent Clients in the Following Practice Areas:
- Property Division
- Alimony / Spousal Support
- Child Custody
- Child Support
- Emergency Custody Actions
- Child Relocation
- Father’s Rights
- Grandparents Rights
Contact Our Marital and Separation Agreement Attorney in South Carolina to Schedule a Consultation Today
If you are considering no-fault divorce, or if your spouse has already proceeded with the separation process, contact our experienced marital and separation agreement lawyer in Fort Mill, Greenville & Rock Hill, South Carolina today to schedule a consultation by calling (803) 548-2468 today.
There are many details and several statutes that must be recognized during the separation process for no-fault divorces in Fort Mill, Greenville & Rock Hill, South Carolina. Our experienced family law lawyers in Fort Mill, South Carolina will walk you through each of your options while informing you of your rights and what you are entitled to while you observe the mandatory separation period before filing for divorce.