Even if you have worked all the issues out with your spouse and believe you are ready to proceed with a divorce, divorce may not be a remedy immediately available to you. In South Carolina there are four fault grounds for getting divorced, (1) adultery, (2) physical cruelty, (3) habitual drunkenness including narcotic use and (4) desertion for a period of one year.

In the absence of fault, there is only one way to get a divorce in South Carolina and that is a no-fault divorce based on one year’s separation. Frequently, this can cause problems. When a marriage ends people tend to want to get it over with quickly. Further, when parties have serious financial concerns with their spouse or concerns about custody of their children, they often want something in place to protect their rights sooner than a year.

For some parties Separate Support and Maintenance is a good solution. A Separate Support and Maintenance action is an action in lieu of a divorce that grants parties a wide range of relief, including alimony, division of property, child custody and child support. Oftentimes this action is the only way to begin marital litigation. The Miller Law Firm, P.A. can help you determine what actions may be available to protect you, your assets and your children.

Below are some common questions regarding separation in South Carolina:

Can we Reach an Agreement?

Yes, settlements are encouraged between marital litigants and if the Agreement appears reasonable to all concerned the Court will approve agreements. The Miller Law Firm, P.A. can help clients draft settlement agreements or review such agreements to ensure the client is being protected.

What if my Spouse does not Follow the Agreement?

If the agreement has been approved by the Court, then a noncompliant spouse may be found in contempt of Court. The Miller Law Firm, P.A. can help parties determine whether a parties failure to comply could lead to a ruling of contempt.

There are many factors that can impact separation agreements and can help guide you through the process of separation, alimony, divorce and other areas of family law. Call the Miller Law Firm, P.A. today at (864) 527-0413.