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Like a divorce, an order of separate maintenance and support can provide for one spouse to make support payments to the other, determine child custody and visitation rights, decide who gets to live in the family home, and divide the couple’s property.
But an order of separate maintenance and support is not a divorce – the parties are still married.
In South Carolina, the only way to obtain a no-fault divorce is to first live separately for a year.
A couple doesn’t need an order of separate maintenance and support in order to live separately prior to a divorce.
While you may not think you have a lot to lose or that your spouse may not have a lot to gain by filing for divorce on adultery grounds against you, it could turn into a huge hassle for you.
This site is meant to provide general legal information and not specific legal advice or information for your particular situation.
And if there are children involved, then that's even more reprehensible. HISTORY: 1962 Code Section 20-101; 1952 Code Section 20-101; 1949 (46) 216; 1952 (47) 2142; 1969 (56) 172; 1979 Act No.
I'd take care of the divorce and spend some time getting my head back on straight before I went looking for another person.
A couple doesn’t have to divorce after receiving an order of separate maintenance and support.Before relying on any material from this site, you should consult a competent attorney to discuss the specifics of your case.Married couples living apart may say they are “legally separated,” but South Carolina’s laws don’t provide for a “legal separation.” Instead, if a husband and wife are living separately, either of them may apply for an order of separate maintenance and support. If I do so, can my spouse pursue a divorce from me based on adultery?You have several issues referenced in your question.