Legal Separation Lawyers in Charleston
File for Separation in South Carolina
A separation period is when you and your spouse make the conscious decision to live apart from one another. In South Carolina, the only way for couples to get a no-fault divorce is to live separately for one year. Living separately occurs when spouses live in two different locations. Living in different bedrooms in the same house does not qualify as living separately.
Get legally separated today by contacting our trusted counsel today!
South Carolina Rules on Orders of Separate Maintenance & Support
In South Carolina, legal separation is not recognized by the courts. Instead, Orders of Separate Maintenance and Support are issued. These are Orders regarding arrangements for visitation, child custody, alimony, and property division, including marital debts.
- Either husband or wife can file for an Order of Separate Maintenance and Support as long as the spouses are living apart.
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.
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.
Contact Our Charleston Legal Separation Lawyers!
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. Whether the case goes to court or you can mediate the case, we can help!
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 attorney!
-
“Attorney Shaw is very compassionate. She and her staff helped me through a very difficult time.”
-
“Heather walked us through the entire process, kept us informed while maintaining our comfort level.”
-
“Ms. Shaw was very professional but at the same time, she was personable!”
-
“I got everything I wanted and more at an affordable cost.”
-
“After meeting with Ms. Shaw - I know it was money well spent.”
Get Started Today
Get started by scheduling your consultation. We will provide you with the supportive guidance you need in order to begin the next chapter of your life.
Take the First Step Toward a Positive Resolution
-
Case ConsultationWe offer clients an informative consultation to share the details of their situation.
-
Tenacious Advocacy
We offer the advocacy our clients need to protect themselves and their family.
-
Proven Results
We help our clients set realistic goals and stand by their side every step of the way.
-
Honest Counsel
The strategic and unwavering representation we provide is hard to find elsewhere.