Generally, you should not voluntarily move out before a divorce in South Carolina unless you’re concerned for your safety. Moving out could hurt your child custody position, increase financial pressure, support claims of abandonment, and weaken your leverage over the marital home.
If moving out before a divorce is a necessity, you must do so strategically, and preferably with the help of an experienced divorce attorney. The following provides additional information on how to protect your rights when navigating a difficult living situation while seeking a divorce in South Carolina.
Can You Live in a Separate Room of the House?
Many spouses choose to live in separate rooms rather than move out entirely. This arrangement can provide a practical and effective compromise, particularly when children are involved.
South Carolina permits spouses to cohabit while preparing for divorce. However, the living arrangement must clearly show the separation to avoid legal complications. To meet the separation requirement, spouses should:
- Sleep in separate bedrooms.
- Stop sharing meals and household duties.
- Avoid romantic or intimate behavior.
- Maintain separate finances when possible.
Courts examine behavior closely. Although sharing the home does not automatically preclude separation, inconsistent conduct can give rise to disputes.
Does South Carolina Require Separation Before Divorce?
South Carolina divorce law varies depending on whether the divorce is fault-based or no-fault. For a no-fault divorce, the law requires one full year of continuous separation. The separation must include:
- Living separately and apart
- No sexual relations
- A clear intent to end the marriage.
Keep in mind that “living separately and apart” does not require proof of a change of address. While moving out provides the most evident evidence of separation, spouses can still satisfy the requirement while living in separate rooms within the same home.
Fault-based divorces, such as adultery or physical cruelty, do not require a separation period. However, moving out without legal guidance can still affect custody and property issues in these divorces. It’s critical to consult an experienced divorce lawyer before moving out, regardless of the circumstances.
What Happens If the Spouses Will Not Move Out of the House?
When both spouses refuse to move out of the marital home, tension can escalate, arguments can become more frequent, and children can get caught in the fray. South Carolina family courts do not force one spouse to move out. However, judges can issue temporary orders to manage the situation.
Temporary court orders may address:
- Exclusive use of the marital home
- Temporary custody and visitation
- Child support and spousal support
- Responsibility for household expenses.
A judge may grant exclusive possession of the home to one spouse, especially in cases involving children or safety concerns. Contacting a divorce law firm promptly can help you seek a favorable resolution that protects your family.
Will You Lose Child Custody If You Move Out?
Moving out of the family home does not automatically result in you losing custody of your child to the other spouse. However, poorly planned exits can weaken your custody position.
South Carolina courts focus on the best interests of the child. They consider safety, stability, caregiving history, and parental involvement when making custody determinations. Moving out may impact a judge’s assessment of these factors and hurt your case, particularly when:
- You leave without establishing a clear parenting plan.
- The move disrupts the child’s daily routines and/or education.
- The other parent claims abandonment or lack of involvement.
To avoid harming your case, you must maintain regular visitation and stay involved with all aspects of parenting. A knowledgeable family law attorney can help you document parenting time and protect your rights.
Will You Forfeit Your Property Rights If You Move Out of the House?
Many people fear losing the marital home if they move out during a divorce. However, South Carolina law does not strip property rights simply because one spouse leaves. Our state follows a principle of equitable distribution, meaning assets get divided fairly, but not necessarily evenly.
A family court judge will consider factors when dividing property that include:
- Length of the marriage
- Each spouse’s income and contributions
- Child custody arrangements
- Marital misconduct.
While you won’t lose your home if you move out, you may put yourself at a practical disadvantage in a divorce. The spouse who remains home may control access to important documents and personal property, which can pose significant problems when building a case for your desired outcome.
If you want to move out before you file for divorce without jeopardizing your future, you should seek legal guidance beforehand. Written separation agreements and court orders can prevent your spouse from unreasonably restricting access to the home and other marital property.
Can a Divorce Lawyer in South Carolina Help You?
The stakes are often incredibly high in a divorce. Your family, your finances, and your future can all hang in the balance. A skilled South Carolina divorce lawyer can guide you through each step, protecting your rights and helping you make decisions that benefit both you and your children. Your attorney can help by:
- Explaining your legal rights – South Carolina divorce law can be complicated and confusing. Your divorce attorney can clearly explain your rights and responsibilities so you can make informed decisions.
- Offering legal guidance – Your attorney can assess your circumstances and advise you on whether moving out might weaken or potentially strengthen your position.
- Negotiating temporary orders – Protect your rights before moving out by working with a reputable divorce law firm to establish temporary court orders regarding matters such as custody, visitation, child support, and spousal support.
- Representing you – Your attorney can advocate for your best interests in court hearings and mediation sessions.
- Protecting your rights – No matter what phase of the divorce proceedings you may currently be in, your lawyer will help to protect your rights and fight for a favorable outcome.
Contact a South Carolina Divorce Attorney
Making big decisions during a divorce without seeking legal counsel can weaken your position and have a lasting impact on your life. The team at McKinney, Tucker & Lemel, LLC, offers not only skilled legal guidance and fierce advocacy but also compassion and critical support during this significant transition period. Our reputation is supported by a long list of satisfied former clients who have shared positive feedback about our services. Contact us today for your consultation and learn more about your legal options.
