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The process begins with the filing of a petition by one spouse. The petition must state the reasons for the separation, including any violent or abusive behavior on the part of the other spouse. If the court agrees that a judicial is necessary, it will order the couple to begin the separation process.
Proof of the separation date requires corroboration from a third party witness, other than either of the spouses. When separating, it is advisable that you not only tell someone ? a friend or family member ? about the separation, but also show that person that you have separated.
There is no such thing as legal separation in SC, as the state does not differentiate between separation and divorce. If you reside in SC and are separating from your spouse, you can request an Order of Separation and Maintenance from the court, which serves to protect both parties during the separation period.
South Carolina does not recognize ?legal separation.? Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties' child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until ...
You can prove separation for a no-fault divorce in South Carolina by living in separate residences for at least one year.