Legal Separation and Separation Agreements
Many times when a couple decides to separate, they do not wish to pursue a divorce, but would rather enter into a legal separation. However, in South Carolina, there is no such thing as a "legal separation" instead, a party must file an action for separate support and maintenance.
An action for separate support and maintenance in South Carolina is similar to an action for divorce, however, in an action for separate support and maintenance, the parties may remain on eachother's health insurance policies and receive many of the financial benefits of being married. However, the parties can not re-marry and if they choose to reconcile, any separation agreement may become null and void.
If a couple decides that they want a divorce in South Carolina, and do not have grounds for a fault based divorce, they may pursue a no fault divorce by remaining continuously separated for more than one year. Once a couple separates, meaning one party actually vacates the marital home, the clock begins to run. During this year, the parties often enter into a separation agreement.
A separation agreement is basically a contract between the two parties in which they decide a variety of issues, including child custody, visitation, property distribution and alimony arrangements. It becomes an enforceable court order when incorporated into a final action, meaning if one part refuses to comply with it terms, the other party can seek to enforce the order by filing a rule to show cause, and seking a contempt order from a family court judge.
If you are seeking a legal separation or a divorce, contact the Mace Firm. We handle domestic cases throughout Horry County, including Myrtle Beach, Conway, North Myrtle Beach, Little River, Garden City, Surfside Beach, and Carolina Forest.
