SC Legal Separation and Temporary Hearing Attorneys in Myrtle Beach
Sometimes a separation period is what a couple needs to discover that they don’t want a divorce.
Other times, separation is the first step in the process of divorce – even when there are not any “fault” grounds for divorce, you can get a “no-fault” divorce after one year of continuous separation.
In either case, any issues that will arise during the proceedings need to be resolved as quickly as possible in an agreement between the parties that can be approved by the court. Your Myrtle Beach divorce lawyer at Axelrod and Associates will help you to negotiate an agreement tailored to your unique situation that protects your financial interests and your children.
What is a Legal Separation in SC?
Although there is no “legal separation” in South Carolina, the separation period is a critical time in many cases for two reasons:
- If you intend to file for a no-fault divorce in SC, you must live separate and apart for a period of at least one year; and
- Any issues that may arise in your case, such as who keeps the house, who runs the business, the amount of alimony and child support, who has primary custody of the children, and terms of visitation, need to be resolved as quickly as possible.
In many cases, the family court judge will incorporate your temporary agreement into the final divorce decree, making it permanent at your divorce hearing. For this reason alone, it is critical that your interests are protected at this early stage of the proceedings in a written agreement or a temporary court order.
What is a Separate Support and Maintenance Agreement in SC?
Your divorce lawyer at Axelrod and Associates will quickly need to learn about your situation and what you need as you separate from your spouse.
Issues that must be negotiated and resolved may include:
- Who keeps the marital home?
- How is the personal property divided during the separation?
- How is other marital property divided?
- If there is a jointly owned business, who runs it and who keeps the profits?
- Who will have primary custody of the children?
- When is visitation appropriate and should there be limitations on visitation?
- Should your spouse make alimony payments to support you financially?
- Who pays child support and how much?
Ideally, these issues and others can be resolved in a written agreement that protects you and your children. If there is no agreement between the parties, your divorce attorney can ask the court for a temporary hearing where a judge will decide the issues and order your spouse to comply.
What are Temporary Hearings in SC Divorce Cases?
At a temporary hearing, the family court may decide emergency issues on a temporary basis, and the court may order alimony or child support, to allow you to remain in the marital home, or the terms of custody and visitation.
The court may also issue an order of protection in cases of domestic abuse, or any other orders that are necessary to protect you or your children.
When you get to a final divorce hearing, even if it is contested, the court will take into consideration the status quo that was decided at the temporary hearing – this is one reason that it is critical that you get what you need early in your divorce proceedings and present all available evidence to support your position at the temporary hearing.
If you are separated from your spouse or considering a separation, be sure that you and your children are protected. Call your divorce attorney at Axelrod and Associates today at 843-353-3449 or complete our contact form to set up an initial consultation.