What are my rights regarding separation in South Carolina?

Full question:

My husband move out and moved in with another woman and We haven't filed for separation. We have three kids together. What is my rights in South Carolina.

  • Category: Divorce
  • Date:
  • State: South Carolina

Answer:

If you want to end your marriage, consider filing for divorce. In South Carolina, you can file for a "no fault" divorce after living separately for one year. If you haven't been separated for a year, you can allege fault for the divorce, such as adultery, desertion, physical cruelty, or addiction. Proving fault can impact decisions on spousal support, property division, and child custody.

If you prefer not to divorce, you can seek legal separation. This involves filing a petition with the court to address property settlement and child custody/support while remaining married.

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

In South Carolina, you must be separated for one year before you can file for a no-fault divorce. During this time, you and your spouse must live apart without cohabitating. If you haven't been separated for a year, you may still file for divorce by alleging fault, such as adultery or desertion, which can affect the divorce proceedings.