Separation Agreement South Carolina Without Lease
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FAQ
The agreement is not legally binding and has no power to determine any issues that may be in dispute, but courts will take it into strong consideration when making a ruling. A separation agreement can be used as proof of the exact date on which you split from your partner.
The procedure for filing for an Order of Separate Maintenance and Support in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so.
To create a legally binding separation agreement both spouses must be completely open and honest about their financial situations. This requires a detailed disclosure of their significant assets and liabilities. The agreement must be in writing and signed by each party in the presence of a witness.
Is there a legal separation form? There is no legal separation form. You may request a temporary hearing and seek an Order of Separate Support and Maintenance with the help of your attorney.
There is no legal separation in South Carolina. You are still married to your spouse until the judge signs your divorce decree. On the same note, you are still married, so until you are divorced you cannot marry another person as it would constitute bigamy.