“Post-separation assistance” is a temporary form of spousal support paid by a assisting spouse to a dependent spouse who needs assistance after separation but before divorce. This information has been created to give you general information about the law. This is not legal advice on a specific issue. If you have any questions about the law, you should consult a lawyer. If you don`t know a lawyer, you can call the South Carolina Bar Attorney Referral Service on weekdays between 9 a..m. and 5 p..m m. The number is 799-7100 in Richland or Lexington counties and 1-800-868-2284 in other parts of the state. Forms Here you will find all the forms you need to file your application for divorce or legal separation, with links to the forms and instructions, if any. To start a divorce or legal separation if you are married, a registered partner or both.
Lists data, children, property, and debts. South Carolina does not recognize “legal separation.” Instead, South Carolina family courts issue separate support and support orders, which include specific details about the parties` custody, access, and support arrangements, as well as how to maintain marital property and pay marital debts until the case is resolved at a hearing or final trial. A separate maintenance and support order is temporary employment; It does not cover the issue of divorce and does not terminate the marriage of the parties. Yes, you can include custody and child support provisions in a separation agreement. However, if a parent subsequently files a custody case, a judge may order an alternative custody arrangement if the judge is of the opinion that it is in the best interests of the child. If a parent subsequently files an application for child support, a judge may change the child benefit if the agreed amount does not meet the child`s reasonable needs or if circumstances have changed significantly. After you file your file, you must ensure that a copy of your subpoena and complaint is “served” on your spouse. Typically, this means that you either have to pay a fee for the sheriff to personally serve the documents on your spouse, or send the documents to your spouse by registered mail, FedEx or UPS. When you send the documents, you must prove to the court that your spouse received them. In some circumstances where you can`t find the other person, you may be able to serve them by publishing newspapers, but special requirements apply.
The transmission of documents to your spouse himself is not a legal service. A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you must live in different homes and at least one of you must intend the separation to be permanent. In general, you are not legally separated if your relationship has ended but you still live in the same apartment or if you live in separate houses without the intention of being separated permanently (for example. B for professional purposes). If your spouse agrees to the provisions of the application, both spouses only have to sign and notarize the agreement so that the clerk can record it in court records for approval by a judge. Keep in mind, however, that anything you do before the court signs the separation agreement can affect certain outcomes, especially if it`s personal or custodial effects, says David Reischer, Esq., a family law lawyer and CEO of LegalAdvice.com. For example, “A judge may consider that a person who leaves his home is abandoned. The court could interpret the person who left home as abandoning the relationship and losing the right to claim property or custody at a later date,” Reischer said. How can I serve my spouse after submitting the documents? Do NOT accept anything in a legal separation agreement that you would not accept if you had to negotiate a divorce agreement. This divorce requires that you and your spouse have lived separately for at least three years because of your spouse`s mental health and that your spouse was admitted to an institution during this period or declared “mentally ill” by a judge at least three years ago […].