Full question:
I am seeking separation/divorce information in South Carolina. This will be mutual without contest. Marriage is less than two years old, no children, no joint assets, and no maritial acquired assets. To avoid legal cost burdens on both parties, is it possible to file/acquire a simple separation agreement with or without counsel to limit being bound to all the separation laws. Any other suggestions based on the mutual circumstances? This a second marriage for both parties at age 50 and both desire a quick, no contest financial or otherwise filing. Both parties are recent residents of the state with no experience with the family court system.
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: South Carolina
Answer:
South Carolina law requires that one of the spouses must be a resident of the state for a minimum of one year, but if both spouses are residents, residency of only three (3) months is required immediately prior to the filing of the petition for divorce. South Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal.
South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. The most common way to file for divorce in South Carolina is based on a separation of the spouses for a period of 1 year. This means that the parties must not live together, have sexual interaction, or act as husband and wife for a period of 365 days. Many times a separation agreement is entered by the parties and the date of separation is provided. It is possible to file a separation agreement without hiring an attorney. The court will generally enforce it as long as it's not unfair to either party. South Carolina law does not provide for legal separation as such. However the spouses can enter into agreements to divide their property, and have these agreements approved by the Family Court. Under some circumstances, South Carolina law also allows a spouse to obtain support payments during a period of separation.The separation agreement may be incorporated into the final divorce decree.
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.
