Legal Separation

Legal separation actions are fairly common, in South Carolina and are called Separate Support and Maintenance actions.  In some instances separations are beneficial alternatives to divorce. As part of a legal separation, the court still enters orders affecting finances and property, child support, and parenting.

Rivertown Law’s experienced South Carolina divorce and legal separation lawyers can assist you with formulating and executing the best course of action in these circumstances.

What is Legal Separation?

Separate Support and Maintenance actions deal with the same issues that couples attempt to resolve in a divorce, such as:

• Child custody and parenting plan issues
• Child support
• Property and debt distribution
• Spousal maintenance

The major difference between a Separate Support and Maintenance and a divorce is that the parties remain legally married.

Couples who enter into legal separation agreements can remain separated indefinitely, or if they choose, can request the separation be converted into a decree of divorce.  The only stipulation for converting a decree of separation into a decree of divorce in South Carolina is that couple must be separated more than one year.  Once the divorce decree is entered, the marriage will be dissolved.

Why Choose Legal Separation over Divorce?

Reasons for choosing legal separation can vary. A couple may desire to no longer live as spouses, but still wish to remain eligible for benefits such as healthcare, retirement, taxes, immigration, or other rights. Some couples may have strong religious convictions that do not allow for divorce, yet they wish to live apart and be financially independent. In cases such as these, a legal separation is a suitable option.

Learn More About Your Options

Rivertown Law is committed to helping clients explore their options for divorce or separation and determine which is best for them. We also educate our clients about each of these options and provide step-by-step assistance through the entire process. If you would like to further explore whether legal separation is the best fit for you, we invite you to contact our office.