US Legal Forms
Legal Resources
Questions & Answers
Divorce
Are you required to legally separate before divorcing?

Are you required to legally separate before divorcing?

Full question:

I am planning on filing for a legal separation. I don't know if I should just go ahead and file for a divorce or even if I can do that instead of the separation. I know I want the divorce but not sure if I had to go through a separation first.

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: South Carolina

Answer:

Please see the information and forms at the following links:

http://lawdigest.uslegal.com/divorce/state-law-summary/6928/

http://lawdigest.uslegal.com/divorce/state-faq/7012/

http://lawdigest.uslegal.com/divorce/separation-agreements/4833/

http://www.uslegalforms.com/divorce/south-carolina-divorce-forms.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it adultery if you are legally separated?

In South Carolina, adultery is defined as engaging in sexual relations with someone other than your spouse while married. If you are legally separated, you are still considered married, so any sexual relationship with another person could be classified as adultery. This can have implications in divorce proceedings, especially regarding alimony and asset division.

Is it considered cheating if you are legally separated?

Should you do a trial separation before divorce?

What happens if you separate but never divorce?

Do you have to get a legal separation?

Is it still adultery if they are separated?

Find a legal form that suits your needs

Browse our library of 85,000+ state-specific legal templates.

This field is required

Am I eligible to receive a hardship license to go to work?

Is there any recourse in the courts if you are proven not to be the father of a child you supported?

How are deputy assessors in the state of Indiana to be paid?

I had a verbal agreement with the owner of the company that in 2007 I would get 5 sick days and 10 vacation days with pay. He...

I am a teacher in a central New Jersey school system who is being asked to attend an in service day on a federal holiday (Col...

When Is Rental Property Legally Considered Vacant

Is an Employee on Extended Lay Off Entitled to Vacation Pay?

Is an employer bound to provide time for an employee to vote on Election Day?

Can an employee have a paid leave for voting on Election Day in Indiana?

Can an employee have a paid leave for voting on Election Day in Louisiana?