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For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year. For a fault-based divorce, South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.
An executed separation agreement in South Carolina must be approved by the Court to be considered legally binding and enforceable under most circumstances . Once the Agreement is approved and made a court order, it is then enforceable by contempt.
Is there a legal separation form? There is no legal separation form. You may request a temporary hearing and seek an Order of Separate Support and Maintenance with the help of your attorney.
How will you and the other parent share parenting time and responsibilities? Who will the children live with?Will one parent pay child support? If so, how much will they pay?Will one partner/spouse pay support? If so, how much will they pay?Will the agreement bind your estate? Your partner's estate?
The procedure for filing for an Order of Separate Maintenance and Support in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so.