Legal Separation Lawyer in Charleston

Legal separation complications in south carolina

In South Carolina, legal separation is not recognized by the courts. In other states, this can be used as something off a trial separation in between the finalized divorce, but in South Carolina it doesn’t operate this way. Instead, Orders of Separate maintenance and Support are issues. These are Orders regarding arrangements for visitation, child custody, alimony, and property division, including marital debts.

Order of Separate Maintenance and Support are usually a permanent resolution to issues related to children, property, and support although your marriage is not officially ended. These Orders allow for all of the issues between you to be resolved without requiring proof of grounds for divorce or a waiting period of one year.

Reach out to our divorce lawyer in Charleston for trusted counsel today!

Order of Separate Maintenance & Support

Either husband or wife can file for an Order of Separate Maintenance and Support as long as the spouses are living apart.

  • The following issues will be addressed:
  • Closing joint accounts
  • Allocating marital debt
  • Spousal support
  • Health insurance
  • Child custody, visitation, and support
  • Which spouse will remain in the family's home
  • Who will be responsible for paying bills during the separation period
  • Transferring titles to personal property (e.g. automobiles and boats)

The issues addressing the division of retirement accounts, using life insurance as collateral for alimony, and awarding post-divorce alimony are not addressed in temporary orders; they are all considered final issues that will be dealt with at a later time.

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If the spouses are unable to reach an agreement on the relevant issues, a judge will hold a trial, take testimony, and rule on each of the issues presented.

To learn more about Orders of Separate Maintenance and Support and how they affect divorce, contact Shaw Law Firm, LLC for a consultation with our Charleston divorce attorney!

Testimonials

  • The Shaw Law Firm, LLC Heather walked us through the entire process, kept us informed while maintaining our comfort level.
  • The Shaw Law Firm, LLC Ms. Shaw gave me some excellent advice on different aspects of my case!
  • The Shaw Law Firm, LLC Heather was helpful through the entire process.
  • The Shaw Law Firm, LLC Ms. Shaw was very professional but at the same time, she was personable!
  • The Shaw Law Firm, LLC Ms. Shaw was very patient and responsive when handling my case.
  • The Shaw Law Firm, LLC I got everything I wanted and more at an affordable cost.
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