Sc law dating seperation

Living Together While Separated In some rare cases, couples can be separated while living in the same home if the residence has essentially been divided into two independent, unconnected living units. It requires that the spouses each live in a separate part of the home that is completely cut off from the other and that there is no overlap or common area.For example, each section of the house must have its own bedroom, bathroom, kitchen, and entrance so there is no overlap between the units.Many issues in a couple's legal separation and divorce can be resolved through a Separation Agreement and Property Settlement.

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Posted Thursday, February 12th, 2015 by Gregory Forman Filed under Alimony/Spousal Support, Child Custody, Divorce and Marriage, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific People coming out of an unhappy marriage are often eager to begin dating.

Yet there are risks in dating before one is divorced.

There is an actual reported case in which a spouse’s post-separation adultery was considered as a factor in equitable distribution. One still needs to prove opportunity to commit adultery and an inclination to commit adultery to prove adultery.

Limiting the contact to public places and limiting the displays of affection reduces, but does not eliminate, the risk of adultery being alleged.

Each client needs to determine his or her own balance regarding the risks and rewards of dating during marital dissolution litigation. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates.

This blog is intending to help litigants understand these risks. Code § 63-15-240(B) sets forth sixteen specific criteria for the family court to consider when determining child custody. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance.

A couple that “separates” but remains in the same home with divided living areas takes a substantial risk that the presiding judge will not accept this separation as a legally valid separation for the purposes of granting a divorce; therefore, such “separate” living arrangements are not advised.

Separating couples should follow the general rule that a separation for purposes of eligibility for divorce requires that each party reside under a separate roof, at separate locations.

In North Carolina, the separation of a married couple takes place when they move into separate residences with the intent of living separate and apart.

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