Search Site
Menu
Separation

DB_Separation1

Dedicated Mount Pleasant Lawyers Protect Your Interests in a Separation

Experienced attorneys helps couples resolve property and support issues

South Carolina does not recognize legal separation the same way other states do. You are either divorced or married to your spouse, even if you no longer live together. You can, however, obtain an Order of Separate Maintenance and Support from the family court, which establishes financial and child-related obligations and can help protect each spouse financially while they are living apart and awaiting divorce.

Barker Family Law can help explain your rights under South Carolina law when you are separated. Over the course of two decades, our attorneys have encountered all types of situations in which married couples want to live separately and have successfully guided clients through the necessary steps to do so.

Benefits of a separation order

An Order of Separate Maintenance and Support can be the first step in a divorce. To obtain it, you and your spouse must be living apart. Unless you and your spouse agree regarding finances and children, the court will conduct a hearing and issue an Order of Separate Maintenance and Support to address those issues.

Why not just wait until the divorce is final? A lot can happen to impact your financial situation during that time, particularly if you are waiting the mandatory year for a no-fault divorce. Your spouse could increase your marital debt, you and your child may need financial support, there could be a visitation dispute, or your spouse could sell your assets and clean out your joint bank account.

Protecting rights and assets during separation

An Order of Separate Maintenance and Support can address issues including:

  • Asset and property division
  • Payment of marital debts
  • Spousal support
  • Child custody and visitation
  • Child support
  • Who remains in the home
  • Who pays the mortgage and other home expenses
  • Transferring personal property titles to one spouse or the other
  • Health and other insurance

Many people believe that once they are separated from their spouse, they are free to start dating again. Since South Carolina courts don’t recognize legal separation, the state considers you to be married until the court issues the final divorce order. While there is no law that prohibits separated couples from dating others, they run the risk of being accused of adultery because they are still considered legally married. We offer the wise counsel our clients deserve in such sensitive situations.

Contact a Mount Pleasant attorney for help with separation matters

Call Barker Family Law at 843-640-0532 or contact us online to schedule a free consultation with a South Carolina family law attorney who understands how to protect your interests in a separation.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Mount Pleasant Office
    1051 Chuck Dawley Boulevard
    Mount Pleasant, South Carolina 29464
    Phone: 843-640-0532
    Fax: 843-310-1031
Client Distinction Award
Douglas Barker has received the 2015 Client Distinction Award from Martindale-Hubbell. This award is given only to lawyers who earn a Client Review Rating Score of 4.0 or higher (on a scale of 1-5). Less than 1% of the 900,000+ attorneys listed on Lawyers.com and Martindale.com earn this honor! Mr. Barker's rating actually exceeds the required 4.0, coming in at 5.0 out of 5.0.
Awards & Memberships