Legal Question in Family Law in South Carolina

divorce

does the seperation have to be legal before it counts in court


Asked on 3/27/08, 10:25 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: divorce

"Physical separation" means simply living apart from your spouse. "Legal separation" means that a Decree of Separate Maintenance has been issued by the Court. Physical separation counts toward the one year requirement for a no-fault divorce, but not much else. The legal separation is what provides protection to a spouse.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/28/08, 3:21 pm


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