Legal Question in Family Law in South Carolina
Legal Seperation/Divorce
I would like to get a divorce, but in South Caroina I can only do so by seperating and living apart from my spouse for one year. My question is why do I need to file for a legal seperation? What will it do for me legally. I am concerned only about getting my share of our home propertys value. If I move out of state and do not obtain a legal seperation would my spouse be able to use abandonment issues against me and keep me from obtaining my share of of our homes monetary value from me?
1 Answer from Attorneys
Re: Legal Seperation/Divorce
A legal separation does everything that a divorce does, except dissolve the marriage itself. You do not _have_ to file for a legal separation, but there are many good reasons to do so, including protecting your interest in the marital estate.
Desertion is generally not used as a ground for divorce anymore, as the other spouse cannot know where you are for over a year in order to use it, which is simply not practical or realistic in today's society.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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