[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/","headline":"5 Common Questions About Legal Separation in South Carolina","name":"5 Common Questions About Legal Separation in South Carolina","description":"A couple must live separate and apart as a prerequisite to obtaining a no-fault divorce in South Carolina. However, many couples decide to separate because their personal or religious beliefs prohibit divorce, or because they need a break from marital turbulence. No matter your reasons for contemplating this...","datePublished":"2024-06-12","dateModified":"2025-11-03","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/#Person","name":"Ed Anderson","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/legally-separated.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/legally-separated.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0","name":"South Carolina Divorce Law - McKinney, Tucker & Lemel LLC.","description":"For more information, please visit: https:\/\/www.mtllawfirm.com\/family-lawyers\/divorce\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/default.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/maxresdefault.jpg"],"uploadDate":"2024-06-05T17:29:51+00:00","duration":"PT2M38S","embedUrl":"https:\/\/www.youtube.com\/embed\/-ZYC1ZcXip0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":48}]]},"about":["Divorce"],"wordCount":1025,"articleBody":"A couple must live separate and apart as a prerequisite to obtaining a no-fault divorce in South Carolina. However, many couples decide to separate because their personal or religious beliefs prohibit divorce, or because they need a break from marital turbulence. No matter your reasons for contemplating this move, you probably have numerous questions about the legal aspects of\u00a0legal separation\u00a0and what it could mean for your relationship.At\u00a0McKinney, Tucker & Lemel, LLC, we help people to face challenging and emotional legal issues in areas such as legal separation and\u00a0divorce. We understand how difficult it is to consider the end of a relationship. Our team is here to answer your questions and support you through this tough time. Keep reading to find the answers to some of our most frequently asked questions about legal separation in South Carolina. Contact us to discuss the specific facts of your case with a South Carolina family law attorney.Is Legal Separation the Same as Divorce?No. Some states allow couples to obtain court orders for legal separations, which represent a formal parting of ways that still leaves a marriage legally intact. In South Carolina, however, courts do not recognize legal separations. South Carolina couples are either legally married or unmarried, with no in-between.\u00a0When spouses separate in South Carolina, it only means that they are living apart from one another in different homes.As an alternative to legal separation, South Carolina family courts issue Orders of Separate Support and Maintenance. This type of order specifies how separating parties will handle issues like\u00a0property division,\u00a0alimony,\u00a0custody, and child support before the parties obtain a divorce order that legally terminates their marriage. Importantly, a couple with an Order of Separate Support and Maintenance remains legally married until the court grants their divorce order.What Are the Benefits of Legal Separation Pending Divorce?Pursuing a legal separation pending divorce is beneficial for multiple reasons, even though South Carolina will not formally recognize the separation. An Order for Separate Support and Maintenance can protect each spouse\u2019s financial interests and the financial needs of minor children during the separation period.It might seem tempting to wait until you and your spouse have lived separately long enough to obtain a no-fault divorce. However, much can happen during the requisite one-year separation period. Either party might accumulate debts, attempt to conceal marital assets or require money or resources to support young children. With a temporary separation order, you can work toward solutions for issues you cannot put off until the final divorce hearing.When you file an Order for Separate Support and Maintenance, you can\u00a0include\u00a0a request for divorce as part of that action.But to do so, you must first satisfy the requirement to live separate and apart for one year or prove that one of the following grounds exists for a fault-based divorce:Adultery (What is the definition of adultery?)Habitual intoxicationPhysical crueltyDesertionWhat Is an Order of Separate Support and Maintenance?An\u00a0Order of Separate Support and Maintenance\u00a0is a temporary legal order that outlines how separating spouses will handle finances, child-rearing, and other essential issues while separated, whether or not they intend to pursue divorce.\u00a0Orders of Separate Support and Maintenance come into play in many divorces because South Carolina requires parties to live separately for at least one year to obtain a no-fault divorce.To fulfill the one-year separation requirement, spouses must live in different locations. Sleeping in separate beds or different rooms within the same household does not count as living separately in a legal sense. Additionally, while couples do not need to obtain Orders of Separate Support and Maintenance to begin living separately, these orders often help separating spouses protect their best interests before a divorce.When separating couples attend hearings to seek Orders of Separate Support and Maintenance, they can ask the court to address any of the following issues:Division of marital property, assets, and debtsWho will remain in the marital homeChild custody, visitation, and\u00a0child supportWho will pay\u00a0alimony, and how muchWho will keep vehicles or transfer titlesWho will assume control of joint accountsWho will maintain family health insuranceWhether restraining orders are needed.\ufeffHow Do I Get an Order of Separate Support and Maintenance?Either party may seek an Order of Separate Support and Maintenance in South Carolina if they live separately or have grounds for a fault-based divorce.Obtaining the court order typically follows this process:One spouse, or \u201cplaintiff,\u201d files a Summons and Complaint for the Order of Separate Support and Maintenance.The plaintiff also files a\u00a0Notice and Motion for Temporary Relief.The plaintiff serves the other spouse, called the \u201cdefendant,\u201d or their attorney with the Summons, Complaint, and Notice and Motion for Temporary Relief.Once the plaintiff serves the defendant, the defendant has 30 days to file a response with the court.After the defendant responds or 30 days have passed, a family law judge hears the case and resolves outstanding issues or simply approves the order. The order remains in effect until the parties obtain a final divorce order.What Can I Do When Divorced That I Cannot Do When Legally Separated?The key difference between a legal separation and a divorce is that South Carolina still considers a couple legally married even when they are separated. As a result, partners who have separated but not divorced cannot remarry, whether or not they live apart. Remember that dating other people when you are legally separated from your spouse could give them grounds for an at-fault divorce on the basis of adultery, which could harm your legal case.How Can a South Carolina Family Law Attorney Help You?Filing for divorce or seeking legal separation in South Carolina is often a complicated, even painful process \u2013 but one that becomes considerably easier with the help of a knowledgeable family law attorney. If you have questions about legal separation in South Carolina or wish to discuss your case with a lawyer, contact McKinney, Tucker & Lemel, LLC\u00a0today for your initial consultation.Visit Our South Carolina Family Law Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"5 Common Questions About Legal Separation in South Carolina","item":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#breadcrumbitem"}]}]