Full question:
What if you would like to date someone and you have a legal separation in South Carolina?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: South Carolina
Answer:
While you are legally separated in South Carolina, engaging in sexual relations with someone else may be considered adultery. This could impact alimony decisions and may also be classified as a crime under South Carolina law. To file for divorce in South Carolina, at least one spouse must have lived in the state for a minimum of one year. If both spouses are residents, only three months of residency is required before filing. South Carolina follows equitable distribution laws, meaning property and debt division should be fair but not necessarily equal. A no-fault divorce can be granted if the spouses have lived apart without cohabitation for at least one year. This separation period requires that the parties do not live together, engage in sexual relations, or act as husband and wife for 365 days. Under South Carolina law, adultery or fornication can lead to criminal charges (SC Stat. § 16-15-60).
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.