A wedding is a one-day event to initiate a lifetime of love and happiness. Marriage takes a lifetime of work, commitment and sacrifice. Nothing falls into place by chance or by itself. It takes two people working together to make their marriage last a lifetime. However, the bed of roses will not allow you to grow and turn before it starts to prick you. A burning sensation is what marriage now has to offer.
Every marriage is unique by virtue of every couple being unique. With respect to this principle, their problems are unique and how they choose to solve them. Couples are also unique by virtue of weaknesses that lead them to offend their spouses. When married couples reach a point of the offence, some will prefer to get divorced. Others will choose legal separation. Being legally separated does not mean that the marriage has been nullified. It is a way that the law gives a couple the chance to work on their personalities that bring about differences.
Some couples will get separated informally before starting the process of legal separation. This process has differences and similarities when compared. This article contains information one needs when filing for separation in South Carolina.
The law does not grant legal separation in South Carolina. However, it does not stop a married couple from living separately. When a couple requires recognition of the law in their separation, they are granted separate maintenance and support orders. The order provides specific details and instructions on how the couple will approach child custody and support, visitation, and other separation arrangements. This order is temporary since it does not cover divorce or nullify your marriage. The main reason couples would need to go for legal separation is to obtain custody or visitation rights, spousal support and other interests.
Letting go of the hands that once held you up when you were down can be painful for both parties. As much as there is a need for legal separation, there is pain involved, and we often turn a blind eye toward this spot. One party can file for a couple whose marriage has to be legally separated. The main requirement the couple has to meet is having lived separately. This qualifies for a no-fault case. However, the grounds for separation are not barred as long as proven.
Once a partner or attorney files on their behalf, a notice is served to the other partner. From the day the notice was received, the defendant has 30 days in which a response is to be made to the court. Hearing sessions start, and later on, the judge makes a decision. The judge will also approve a separation agreement prepared by the two. The judge will grant the verdict of the order separation.
Legal separation is becoming popular among couples in South Carolina because of its advantages. Though going through a separation, most couples still have hope that their marriages may have a chance. The advantages poised by legal separation emanate from this aspect. Here are the advantages that include:
Couples face challenges with legal separation despite being the ultimate deal-breaker. Disadvantages of South Carolina will include:
Comparing the two legal processes helps many couples decide the process that will benefit their marriage. Legal separation and divorce are two legally related processes. A closer look will direct you to the most appropriate way to close down.
First, a legal separation does not end your marriage, and you remain technically married. Some responsibilities are allocated, but assets are not divided. Divorce enactment sees the complete dissolution of marriage. Since the two no longer have anything in common, nothing is left pending.
Legally separated couples will continue to have spousal advantages, including insurance, retirement benefits, and life insurance. Divorcees will not have any relation or benefits as they are separated instantly.
Divorce and legal separation are both involved in legal procedures and requirements. They are tasking, long, demanding and stressful. These processes also require funds to pay attorney fees and court and filing fees.
Legal separation involves many licit actions and considerations in South Carolina. When filing a couple of files for legal separation, it is necessary to ensure they work together and avoid unresolved issues. The ability of a couple to agree affects how long the case takes. If all is agreed upon, the normal time for a legal separation case is 6-9 months.
The custody of children during a separation is determined, either by a judge or by the separation agreement. The parent's choice is given priority in the separation agreement. Child custody is given to one suitable parent, and the other is granted visitation rights.
Child support is an input required from both parents. The required amount from each parent is based on how much they earn and how much the child needs.
These affect children below 18 years or who have not yet completed college. Special attention is given in cases where there is a disability in children. Also, children under seven years are given special attention and consideration to being with their mothers.
A trial separation is an informal way of a couple living separately. This kind of setup is familiar to couples whose marriages are unstable. A trial separation is based on the understanding of two people, deciding their terms of separation. The law does not have enforcement of this kind of separation. Trial separation gives the advantage of avoiding premature legal separation or divorce.
Many people ask this question since they want to reduce costs. It is okay to represent yourself in court, but it is best when using attorney services. There are numerous advantages attorneys bring along with their services. If one party is problematic and does not allow any discussion of the separation agreement, the lawyer will act as a mediator. An attorney is also able to identify areas with ease of dispute and curb them. Disputes are highly responsible for prolonged legal cases. If the case requires the input of a third party, attorney services include ensuring a professional is consulted.
A separation agreement is a document prepared by a couple with intentions to either get separated or divorced. The two parties must prepare this document, and the agreement should be in the presence of witnesses. The couple must sign the document and present it to the court. If legal requirements are met, the judge will analyze them and accept them. This document is legally binding, and the couple must abide by their agreement. Failure will grant grounds that they can be sued.
Legal requirements govern the preparation of a separation agreement. The document's main aim is to address issues that are likely to be unresolved. When a couple puts differences aside to prepare the document, they win. However, if pride and arrogance win, they will likely lose out on preparing the separation agreement. It is essential to include as many details as possible, not how every issue should be handled. The most important issues with dressing in the separation agreement include:
When a couple is going through legal separation, they must have the joint responsibility of bringing up the children. There are instances where the children will require the presence of both parents, for instance, on their wedding day. Therefore, the two parties must treat each other with ultimate respect. It is important to respond to emails and text messages and pick up calls as a business associate.
Please note that children may need special attention since separation may stress them. They will need parental care and love. This will not be possible if the two cannot see eye to eye.
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