Do you have to be legally separated to get a divorce in SC?

Do you have to be legally separated to get a divorce in SC?

Although spouses must separate before obtaining a divorce in South Carolina (with some exceptions), the state doesn’t formally recognize legal separations. Either spouse may file a maintenance action seeking alimony, property orders, or child support and may also request that a judge make an appropriate custody award.

Can I file for a legal separation without my spouse?

You do not need to file court papers to separate. The law does not require you to live with your spouse. You may also seek court orders about custody and visitation without filing for a legal separation or divorce. “Legal Separation” is a major change in the status of your marriage.

Is legal separation necessary before divorce?

Separation generally means living apart from each other. To prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months. It is possible to be ‘separated under one roof’ if certain criteria are met.

What’s the difference between separated and legally separated?

“Separation” simply means living apart. You do not need to file court papers to separate and the law does not require you to live with your spouse. “Legal Separation” is a major change in the status of your marriage. To get a legal separation in states that recognize this status, you must file a petition in the court.

Is it cheating if you’re separated?

If “separated” means that you have reached a final parting of the ways, it’s not cheating. It is technically adultery since you are still married — not illegal but looked down upon by some.

Is being separated still married?

Separation means that you are living apart from your spouse, but you’re still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation). There are three different types of separation.