Legal Question in Family Law in South Carolina

In a marital separation, can the spouse filing for separation demand that the other spouse remain in the same house?


Asked on 12/13/10, 3:49 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

The Court will not hear a separation action as long as the spouses are residing under the same roof, and even if they are separated at filing, if they resume cohabitation, the Court will most likely dismiss the case. So, in other words, the answer to your question is "no".

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/19/10, 8:38 pm


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