Legal Question in Family Law in South Carolina
Legal Seperation
My fiance has recently filed for a legal seperation, he has a 7 year old daughter still at home, but also has a large sum of monies in CD's for his children of other marriages which were done before his previous marriage. My question is, Can she take what is not her's as long as he is still paying all her bills, and what does legal seperation mean to us (him and I) as living together, can she use that against him and sue him for adultery after the seperation has been filed with the court?
1 Answer from Attorneys
Re: Legal Seperation
As to your first question: Generally whatever a person owns prior to a marriage, remains the property of that person. There are exceptions to this, but without further information, I cannot advise. Your second question asks "what does legal separation mean?" It depends on whether they have had the separation approved by the court. I can only assume that she has filed, but that no one has been to court yet. If that is the case, then simply filing doesn't carry any weight, until there is a court order. Your third question, asks if she can sue for adultery. Again, I cannot answer that question without knowing if they have been to court, whether there is a court order, and what the order says. My response is assuming that this case is in South Carolina.