Married spouses decide to separate for several different reasons. You may know you want a divorce, and decide it is time to begin living apart, which you must do for one year prior to a divorce in South Carolina. You may also just want to take some space and time to determine whether the marriage can work in the future. Some spouses live separate for years without getting a divorce due to religious principles, insurance coverage, and more.
If you decide to get separated – for whatever reason – it may be a good idea to discuss the situation with an experienced family lawyer in Beaufort.
Orders of Separation
While some states allow spouses to become “legally separated,” South Carolina law provides no such status. However, whether you are waiting out the year before a divorce or unsure whether you will end your marriage, it is important to protect your interests if you get separated. Petitioning the court for an Order of Separation may help.
An Order of Separation will address many issues similar to a divorce order, without legally ending the marriage. The Order can address:
To get an Order of Separation, you must live apart from your spouse. You and your spouse may agree on the terms of the agreement, or the court will need to dictate the terms. It is important to discuss the process of getting an order with an experienced Beaufort family law attorney.