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Marital separation usually requires division of assets and debts, determination of child custody and support, and spousal support. Typically called a legal separation, the result is either an approved contract between spouses or a court order that defines how marital responsibilities will be divided. Under South Carolina law, legal separation requires that spouses live in separate homes.

The legal separation can address issues including:

  • Asset and property division
  • Payment of marital debts
  • Spousal support
  • Child custody
  • Child support

Legal separation vs. Divorce

While separation and divorce are similar in some ways, the marriage is not ended in a legal separation. For some couples, this is the best option for their situation based on religious beliefs, necessity for medical benefits, or other financial considerations. For others who are seeking divorce, an intermediate step often is an Order of Separate Support and Maintenance (“legal separation”) issued by the Family Court resolving all issues except the award of a divorce decree.

Contact a Mount Pleasant legal separation attorney today

To learn more about alternatives to divorce in South Carolina, call Douglas A. Barker at 843-727-0077 or contact me online today.

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