When you wish to have terms for a separation related to finances and/or children and have no grounds for a divorce or do not wish to be divorced, you may pursue such an action in the courts.  A court judgment, or final order issuing a court decision approving your Separation Agreement that does not grant a divorce, is often the final resolution of all issues related to the marriage and children involved. Under these circumstances, neither party is free to remarry and their right to inherit from the other remains.  All procedures for obtaining a divorce apply to the process for obtaining the Court’s decision or its approval of your separation agreement.  Such a judgment/order legally separates your financial assets and obligations.  Everyone, including creditors, financial institutions, and other business entities are thereafter required to treat the parties as separate persons.  Before the court can enter such an order, you or the court must divide your property and debts, and decide custody and support issues as is done in pursuit of a divorce.  In practice, the procedure and timing are the same.

Physical separation alone has no bearing on legally recognized rights and responsibilities.  By physically separating from your spouse, you do not give up your rights to ownership interests in your home or other property.  You do not lose ownership interest by letting your spouse use or occupy it.  Moving out however may impact parenting issues and/or your ability to reoccupy the home.  It is best to consult an attorney before you move out of the home, when possible. An order by the Court approving your Separation Agreement makes its terms enforceable.

Transitioning from a Separation to a Divorce is common.  After an order regarding your separation agreement is entered, or alternatively, after a court has issued such orders following a trial of your matters, if said orders are entered/issued without fault based grounds for divorce prior to your having been separated for one year or more and you wish to obtain a divorce, either party may file the papers that initiate its conversion to a divorce after having been living separate and apart continuously for one year or more.  The other party need not agree and cannot prevent a divorce, unless he or she alleges and proves that the marital relationship had resumed during the course of the one year period, requiring a “reset” of the date of separation.  Otherwise, you may remain separated and live in accord with the terms of your court ordered separation agreement or terms of separation as decided by the Court indefinitely.

For many years, Nancy has worked to assist ALL couples in resolving their changing relationships. She has worked with LGBTQ couples many years before South Carolina Laws allowed for Same Sex Couples to Marry and Divorce.  Her years of legal practice in Connecticut prior to her move to Charleston, South Carolina, prepared her well for the legal issues some Same Sex Couples now face.  Finally, Courts in South Carolina recognize marriage as being applicable to all.  The population of Same Sex Couples are increasingly accessing the Courts to determine their rights and responsibilities in divorce actions and in matters relating to their children.