There is a separation agreement called a ”marriage comparison agreement” or ”separate support and maintenance agreement.” This agreement is negotiated between the two parties. Your lawyer can help you negotiate to protect your interests. There is no separation. You can request a temporary hearing and apply, with the help of your lawyer, for a separate maintenance and assistance contract. Issues such as custody, home visit and assistance, which spouse remains in marital housing, who is responsible for paying the mortgage and other expenses related to the home during the separation period, closing joint accounts, allocating marital debts, transferring securities to personal property, such as cars and boats, in the name of the spouse or in the name of the other (according to the other : persons who remain in possession of the estate), spising assistance and health insurance are treated in a separate maintenance and support order. It is important to understand that technically, there is no ”separation” under South Carolina law – you and your spouse are either married or unmarried. Separation means that you no longer live with your spouse, so if you are still living together, you cannot be considered separated. There is no technical legal separation in South Carolina. There is no legal status between marriage and divorce. People often think that they can save money by not having a lawyer for domestic agreements or by representing only one party. It`s almost always a mistake. If only one party is represented in the negotiation, development and implementation of the agreement, that advocate of the separation agreement will seek only the interests of that party. An internal agreement that is vague or does not clearly express the right of a party does not do that party any good if that party tries to impose the interest of its good business.
An experienced lawyer in the separation agreement can ensure that the agreement achieves the objectives the client wishes to achieve and does not contain unexpected provisions that compromise the client`s objectives. National agreements generally address children`s issues, such as childcare, visitation and assistance, child support and the property department. Under these agreements, one party may agree to pay the other party`s legal fees and costs for negotiating an agreement. An agreement could also deal with the grounds for divorce. While the parties cannot accept a divorce (only a court can grant it), the parties may agree to waive the grounds for error for divorce or to forego a defence. After filing a divorce complaint and subpoena with the family court administrator, a spouse can apply for an order for support and separate assistance. As soon as it is filed, the other spouse has 30 days to react and raise any defence against separation.