The court process and the issues related to a separate support case are generally very similar to divorces. The disconnection area of this site only covers the basic information and forms needed for separation cases. For a more detailed overview of what you need to know about your separation case (how to go to court, prepare for trial, file motions, etc.), please visit the divorce section on this site. Many links on this page will lead you to this section. The information that is completed there also applies to separate maintenance cases. A separation agreement will cost you dearly. First, you must have a competent family lawyer who charges you a service fee. A separate support action allows the family court to resolve any issues that could be resolved through a divorce action, with the exception of the granting of a divorce. Thus, the family court may rule on the custody, visitation and support of the parties` children, distribute marital property equitably and secure or deny food. The issues resolved in a final order of separate interview, whether through a judicial agreement or a judicial procedure, are considered final and cannot be amended or can only be amended in the event of a significant change in circumstances. See What is and what cannot be changed in a family court? The South Carolina code does not contain a separate law detailing the separation of laws. In fact, in South Carolina, there is no legal status known as separation.
However, the parties may separate on their own as a preparation for divorce by choosing to stop living together for a period of one year. In South Carolina, separation simply means that spouses no longer cohabit – a plan that may result from mutual consent or by a spouse who withdraws from married life or is deported. Spouses residing in the same residence are not considered separated. Instead of simply separating, a separation agreement could avoid costly litigation by creating space for the couple to proactively get through the delicate details of how federal and regional taxes should be managed or who should pick up their child from school. If marriage was a conscious and thoughtful decision, the separation also had to be approached with careful reflection. If the spouses are able to obtain an agreement for a separate maintenance and support order, the judge will review the agreement to ensure that it is fair to both parties, in the best interests of their minor children, and that it follows South Carolina law. Although there is no separation in South Carolina, married couples can sign a separate agreement called the South Carolina Marital Separation Agreement. This is also called a “separate maintenance and assistance contract.” A separation agreement is a legally binding contract signed by spouses, designed to solve the problems of property, debt and child. It can be a very complex and detailed document, depending on the unique situation of the marriage. Many spouses consult a lawyer to provide this, or they decide to prepare their own. Sometimes couples want to separate, but don`t divorce. A case of “separate support” deals with all the same divorce issues, except that the parties do not actually divorce.
At the end of the proceedings, the parties will have final deposit orders, support orders, and ownership and debts will be shared.