Separation

Unlike some other states, South Carolina does not issue a decree of “legal separation” that changes marital status. The marriage continues until a judge grants a divorce. During the time spouses live apart, either spouse may ask the Family Court for an order of separate maintenance and support.

That order can address temporary custody and visitation, child support, spousal support, who remains in the marital home, who pays the mortgage and ordinary household expenses, health insurance, and how marital accounts and debts are handled until a final agreement or trial.

For a no-fault divorce, South Carolina law requires the husband and wife to have lived separate and apart without cohabitation for one year. Public materials from the South Carolina Bar explain that living in different bedrooms in the same house does not meet that requirement. The spouses must live in two different places.

Spouses do not need a court order merely to live apart. An order is often sought because it can stabilize support, parenting time, and the use of property while the year of separation is running, or while a fault-based case proceeds.

One spouse, as plaintiff, files a summons and complaint and, in many cases, a notice and motion for temporary relief. The other spouse is personally served, or that spouse’s lawyer accepts service. The responding spouse generally has thirty days to answer and may file a counterclaim.

If the spouses reach an agreement, the judge reviews it to determine whether it is fair, whether it serves the best interests of any minor children, and whether it conforms to South Carolina law. If they do not agree, the court decides the contested issues after a hearing.

An order of separate maintenance and support does not end the marriage. It does not itself grant a divorce. It remains in force until it is modified, until the parties reach a final agreement on all issues, or until the court enters a final order after trial.