Separation from your spouse can be painful and impact your finances and family. During such a vulnerable time, having a skilled attorney to guide you through the legal process can protect your rights while considering future plans.
In South Carolina, there’s no such thing as an official “legal separation,” meaning individuals have no legal protections during their time apart. However, the state does allow partners to obtain a Decree of Separate Maintenance, which can be an effective tool when the parties are not ready to divorce. While you figure out the best option for you, it’s crucial to avoid making errors that could be detrimental to your situation. Here are tips to prevent you from making a mistake during your separation.
Keep Things Private
Don’t announce the details of your separation to everyone. It’s natural to want to share your story with friends and family, but remember that anything you say can be used against you during court proceedings if you decide to divorce. If you have children, keep specific aspects of your separation away from them and maintain healthy boundaries.
Don’t Move Out of the House Immediately
Moving out of your marital home immediately can convey that you have given up on the marriage. It could also prevent you from being able to spend time with your children. Furthermore, if you decide later that you do not wish to reconcile with your spouse and file for divorce, the fact you moved out could affect your custody arrangement.
Don’t Pay for Everything
Share responsibility for the bills or continue your existing financial arrangement during the separation. Otherwise, you could face financial hardships if you decide that reconciliation is not an option.
Don’t Fall Right Into Another Relationship
If you are separating but have not decided to divorce, you want to signal to your partner and others that you’re not giving up on the marriage yet. Getting into a new romantic relationship, particularly early on in your separation, can hurt your chances of reconciliation and complicate your feelings. If you or your partner are contemplating dating other people, consider mediation to discuss your emotions in a safe environment with an impartial mediator.
Be Prepared to File for Divorce if the Separation Isn’t Working
If the separation isn’t working, don’t delay the inevitable. Reconciliation is not always possible, even with the best intentions. Talk to an experienced South Carolina divorce attorney about initiating divorce proceedings.
Are There Other Factors to Consider When Separating?
There are several other factors that you should consider before you separate, such as:
- What to tell your partner – Make sure you can explain why you want to separate. If a face-to-face conversation is difficult, you may decide to write a letter or send an email. Letting your partner know how you feel is crucial. Consider mediation if you want a safe space where you and your partner can discuss your separation.
- Where you will live – Before you separate, you must decide on your living arrangements. If possible, staying in the residence is the best choice. However, if you are separating because of a violent or abusive situation, prioritize finding somewhere safe. Stay with family members or contact a domestic violence center for assistance.
- What to tell your children – If you have children, giving them ample notice about the separation is best. Talking to them in advance will give them time to think about the changes that are about to happen and ask questions. It also gives you time to make parenting arrangements with your partner.
What is Mediation?
Mediation is a process where two parties come together to negotiate and consent to the conditions of their separation to avoid a permanent split or contentious, litigated divorce. Mediation provides the framework for separating couples to find common ground about their differences and agree on critical matters such as child custody, alimony, and division of assets and debts. The mediator does not provide legal advice or impose decisions on either party. Instead, they seek to facilitate dialogue while guiding the parties toward a mutual and non-adversarial resolution.
During mediation sessions, you and your partner can present your position and work together to find solutions. This process allows you to create a separation agreement that meets your needs and avoids lengthy court proceedings.
Mediation can also provide you and your partner with a more positive and respectful approach to separating, allowing you to create plans that will benefit you in the long term. At the end of mediation, couples usually sign a legally binding agreement outlining the terms they have discussed and agreed upon. This agreement can then be filed with the court for legal enforcement.
Overall, mediation can be an effective way for separating couples to come together in a safe and constructive environment and work toward amicable solutions for their separation. In addition to avoiding the strain and cost of going to court, the goal is for both parties to maintain a healthy relationship after they part.
Contact a South Carolina Divorce Lawyer
If you are going through a separation, you must protect your family and your future. Get started by discussing your case with a knowledgeable divorce lawyer. Even if you reconcile later, a separation agreement is a great way to mediate your assets, your home, and the custody of your children in the interim period.
McKinney, Tucker & Lemel LLC is a client-focused law firm with deep roots in South Carolina. We understand how sensitive every family law case can be and will act with care to help you through this troubling time.
Because your concerns are our priority, our legal team always maintains open lines of communication with our clients. You can count on us to provide frequent updates on your separation agreement or divorce proceedings every step of the way. Contact us today to discuss your separation with a South Carolina divorce attorney.
