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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.
Separated spouses request temporary maintenance orders. Either spouse may file a maintenance action seeking alimony, property orders, or child support and may also request that a judge make an appropriate custody award. But as the above case demonstrates, spouses who aren't living separately aren't entitled to support.
Separation Isn't A Legal Concept In SC This means they must live in separate locations ? living in the same house and sleeping in separate bedrooms doesn't count. Even if one spouse moves to a guest house on the same property, it is considered living together.
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.
You can prove separation for a no-fault divorce in South Carolina by living in separate residences for at least one year.
