Most couples don’t wake up one morning and decide to end their marriage. Usually, there have been ongoing problems or increasing amounts of conflict within the marriage that lead the couple to make the decision to separate. When contemplating a marital separation, there are a number of considerations in terms of the logistics. Settling issues regarding who will leave the marital home, and who will stay behind and continue to maintain the home as a residence can take a lot of time. There are considerations in terms of children, such as where and with whom they’ll reside, and how their daily needs and living expenses will be met. In some cases, couples talk about separating and may even begin the process of emotionally separating from each other long before one of the parties actually moves out of the residence. In other cases, a marital separation may happen fast, facilitated by domestic violence or some other situation in which one of the spouses finds it intolerable to continue to live with the other. If you are considering a marital separation or divorce , there are a number of things to consider when choosing whether to stay or whether to go. In terms of timing, there are legal ramifications to be aware of which could have potential impacts further down the line, if the couple does eventually decide to seek a divorce.
Timing Your Separation
Jump Ahead To
Although South Carolina doesn’t officially recognize legal separation, there are definite advantages to living separate and apart for a period of time for a couple whose intention is to eventually get a divorce. Section 20-3-10 of the South Carolina Code of Laws lays out specific grounds for divorce under which a divorce can be obtained. These include fault based claims such as adultery, desertion, physical cruelty, and habitual drunkenness. Under this section of law, a divorce can also be granted for the simpler reason that the couple have been living separate and apart for a period of one year or more. This provision exempts the couple from having to place blame on one party or another, and allows them to proceed with a divorce by citing irreconcilable differences that led to the deterioration of the marriage. Obtaining a divorce under these circumstances can often save money in legal fees, as well as time spent in mediation and hearings. The law requires that the couple live separate and apart for a continuous year, meaning any attempts at reconciliation, overnight stays or resumption of living together for any reason will require you to begin at day one again.
When To Leave Immediately
While the breakup of a marriage is always painful, some marriages end more amicably than others. In other circumstances, marital issues are severe enough that it is in one of the party’s best interests to leave immediately. Unfortunately, according to the South Carolina Department of Social Services (DSS), South Carolina ranks as one of the highest in the nation both in terms of domestic violence as well as child abuse. If your own safety or that of your children is being threatened, it is in your best interests to leave immediately. DSS provides both adult and child abuse protection services , and the South Carolina Coalition Against Domestic Violence and Sexual Assault operates counseling and telephone hotline services for victims of domestic violence in our area.
Reach out to a Skilled Greenville Attorney
If you are contemplating a divorce or separation from your spouse, contact an experienced South Carolina family law attorney . Greenville attorney Lauren M. Taylor will provide the caring and comprehensive legal service you need and guide you through each step of the process. Serving the entire Upstate area, we will highlight the various legal options available to you. Contact our office today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.