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Do you have to file for separation before divorce in SC? South Carolina does not require couples to formally file for separation before filing for divorce. However, couples must live separately from one another for one year prior to filing for a no-fault divorce.
There's a mandatory waiting period of 90 days from the time you file until the judge can act on your case. Couples should use this time to negotiate the terms of the separation, including property division, financial issues, and child custody. If there are still disputed issues, the judge will decide for you.
How do you write a separation agreement? You and your spouse can write the agreement yourselves or you can ask a lawyer, family justice counsellor, or private mediator to help you. If you decide to write your own agreement, read as much as you can about separation agreements before you start to write it.
To obtain a decree of legal separation, a petition is filed by one spouse and then answered by the other. Hearings are held for temporary orders, including child support and parenting time. Spouses negotiate a separation agreement.
File the documents with Superior Court Clerk. You will also have to pay the filing fee. The average fee in WA state is $280.