Legal separation is a topic that often arises when you’re speaking with a divorce lawyer. What does this mean and how does it relate to divorce according to family law? Trimnal & Myers Attorneys has answers to some frequently asked questions about legal separation.
What is legal separation?
Legal separation is when a couple decides to remain married but to live separately through a court agreement. In this agreement, a couple can establish rules that each spouse must follow, including ones that relate to child custody, alimony, support, and property division.
Do I need to be separated before I file for divorce?
In South Carolina, a couple must be living separately for at least a year before deciding to get a divorce. However, not every state in the U.S. requires legal separation before divorce.
Are there factors that allow me to file for divorce without legal separation?
While most divorces require a year-long period of legal separation, there are some exceptions to this requirement. For example, if one spouse poses an active threat to the other due to physical abuse, drug or alcohol abuse, or adultery, the victim may be able to file for an immediate divorce. With this in mind, it’s essential that you seek the advice and guidance of a divorce lawyer.
Do you need help from a divorce lawyer in Fort Mill, Indian Land, or Lancaster? Call Trimnal & Myers Attorneys today. Our family divorce lawyers can talk to you in further detail about legal separation and divorce.