In divorce and legal separation proceedings, the court decides: What do I have to do to prove that I have been separated for at least one year? For more information about your custody rights as a father during separation and the factors that may affect them, contact a licensed attorney at Kenny Leigh and Associates. A separation agreement is not necessary to be legally separated from your spouse. However, a separation agreement can resolve many of the legal issues associated with the end of a marriage. For example, you can decide how to divide your property and whether one of you pays child support to the other. In some situations, spouses may request that the separation agreement be part of their final divorce judgment. Spouses who are able to resolve their separation issues through a separation agreement can make these decisions themselves and avoid having to go to court. Like divorce, legal separation involves decisions about finances, division of property, custody, access, and spousal and child benefits. If a legally separated couple later decides they want a divorce, the fact that they are legally separated will usually make the divorce process much easier. Since many of the most important issues have often already been decided in the separation process, divorce itself may be more of a formality in these cases than in cases where couples begin the dissolution process in the divorce phase. It`s unfortunate, but it happens: a marriage doesn`t work. In the best case, the separation is amicable and both parties go their own way, possibly with a separation. This is a court case in which a married couple asks the court to end their matrimonial obligations to each other. They are still technically married until they divorce.
However, this situation becomes more complex when children are involved. In North Carolina, “matrimonial property” can be divided between the parties, while “separate property” is not divided. In general, property or debts that one spouse had before the marriage are “separate property” from that spouse and are not divided. However, a spouse may have some right to an asset based on active increases in value during the marriage. Property and debts acquired during the marriage are generally classified as “matrimonial property” (exceptions include inheritances and gifts received by one of you from a third party during the marriage). A third category, called “divisible property,” applies to property acquired between separation and divorce. Divisible property may be divided between the parties according to the circumstances. To maintain custody during the separation portion of a divorce, keep the following points in mind: Couples choose legal separation over divorce for many reasons. Some of the most common reasons are: Since each state has its own laws regarding property and debt sharing, it`s important to review the laws you live in. These decisions can become quite convoluted due to the change in the couple`s circumstances, so it`s a good idea for any spouse to consult their own lawyer for help. A local family law lawyer can help you determine the consequences of legal separation versus divorce. If two people separate with the intention of divorce, it is highly recommended that both parties draft and sign a separation agreement.
This is a mutually agreed and legally binding contract that outlines the responsibilities of both parties and how the property will be divided during the one-year period prior to the divorce. We often draft these separation agreements for our clients, which include: Legally separated spouses must live apart at all times. It`s important to note that legal separation isn`t just about leaving the home you share with your spouse. If you want to separate legally, you need a separation agreement. Couples can also have a trial separation, but it has no real legal effect and is only considered in relation to the time of the couple`s marriage. Any property or debt acquired during a trial separation is always considered acquired during the marriage and therefore probably matrimonial property. This information has been created to give you general information about the law. It is not legal advice on a particular issue. If you have any questions about the law, you should consult a lawyer. If you don`t know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m.
and 5 p.m. The number is 799-7100 in Richland or Lexington counties and 1-800-868-2284 in other parts of the state. Finally, some couples may prefer legal separation to divorce for financial reasons. Some people may be able to stay on their spouse`s health insurance if they are legally separated instead of divorced. Legally separated couples can still file joint taxes. There may also be other financial advantages to legal separation compared to divorce. A qualified divorce lawyer can help you determine if a legal separation or divorce is right for you. South Carolina does not recognize “legal separation.” Instead, South Carolina family courts issue separate support and support orders, which include specific details about custody, visitation and support arrangements for the parties, as well as how to maintain marital property and pay marital debts until the case is resolved at a final hearing or hearing.