Separate Maintenance Agreements For A No-Fault Divorce in South Carolina

In South Carolina, you must live separately for 12 months before you can file for divorce under the no-fault ground. During this time can file a separate maintenance agreement to determine issues, such as temporary alimony and child custody, until you can file for divorce. You will also need to determine who will live in the house and who will make house payments.

At Lazenby Law Firm LLC in Spartanburg, we craft separate maintenance agreement for clients throughout Upstate South Carolina, including Greenville, Anderson and Rock Hill. Call 864-707-0201 for an initial consultation.

The 12-month rule about living separately is not the same as legal separation, which some couples choose as an alternative to divorce. However, as long as you live separately from your spouse for 12 months during your legal separation, you could file for divorce in South Carolina.

How Is Living Separately Defined?

Many people do not understand what it means to live separately. Sleeping in separate bedrooms or even separate levels of a home is not "separate." One of you will need to move out of the home. This can create a financial hardship. It can also lead to a dispute over who remains in the marital home.

It's important to seek advice from an experienced lawyer to ensure you are complying with the rule to live separately. Otherwise, your divorce could end up taking much longer than you expected.

South Carolina lawmakers introduced a bill to shorten the waiting time, but so far 12-month waiting period remains in effect.

What If We Attempt Reconciliation?

You can move back in with your spouse and attempt reconciliation without restarting the 12-month clock IF you have filed the appropriate separate maintenance agreement. Consult an attorney to be sure before you move back in with your spouse.

For More Information About Separate Maintenance Agreements

Call 864-707-0201 or complete our contact form to schedule a consultation with attorney Alan Lazenby.