It`s important to understand that, technically, under South Carolina law, there is no “separation” – you and your spouse are either married or unmoiled. Separation means that you no longer cohabit with your spouse, so if you still cohabit, you cannot be considered separated. If you familiarize yourself with all aspects of family law in South Carolina, you will see that there is no legal separation. Instead, you should request a temporary hearing and then request a separate assistance and maintenance order, also known as the matrimonial separation agreement form. A common mistake is that people think they can go out freely because they are separated. If moderate behavior during a marriage had been considered adultery, it would still be considered adultery during the period of separation, given that the parties are still married. Legal separation and the Order of Assistance and Maintenance of Separation achieve similar objectives. In South Carolina, a couple is either married or unmarried. Entering into an executed agreement that the other party successfully opposes can result in long delays in the resolution of disputes and heavily increased attorneys` fees for separation, including the risk that a party will have to pay the negative party`s attorneys` fees. If you receive a separation and maintenance order, the same goals are achieved.
A party may apply for an interlocutory hearing to seek redress from the court during the period of separation. .