Many other states recognize a process where spouses are legally separated. South Carolina does not make a distinction between divorce and legal separation. The court requires you to live apart from your spouse for at least a year before it grants the divorce. South Carolina is frustratingly unbudging on the one-year requirement. Other states freely waive any separation duration requirement for uncontested divorces. Uncontested divorces in South Carolina still require a one-year separation requirement.
The dangers of dating before divorce (or before a final order of separate maintenance)
Sc laws on dating while separated
A cheating spouse is one of the most tragic and stressful things to deal with in your life. Meaning one or both parties were at fault, which led to or even caused the divorce proceedings. South Carolina has specific laws regarding adultery and its effect on divorce. Read this article about South Carolina adultery laws to find out more. Not easily, at least. The legal grounds for divorce in South Carolina are as follows:.
6 Things You Should Know About Adultery in South Carolina
Being separated is not the same as being divorced! This means that things you do can still affect the divorce proceedings. Things like dating! One might think that since the parties are separated and their marriage is irreconcilable, then what does it matter if I date? Adultery is still, by the way, a criminal offense in South Carolina.
In all actions for separate support and maintenance, legal separation, or other marital litigation between the parties, allowances of alimony and suit money and allowances of alimony and suit money pendente lite shall be made according to the principles controlling such allowance and actions for divorce. On the issue of whether a spouse should date after separation and before divorce, you should understand that post-separation dating can be used as evidence of adultery occurring during the marriage. If there was no illicit sexual conduct before your date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony. However, a paramour who stays overnight when your children are present can be grounds for denial of your custody or visitation.