What is a legal separation?

A legal separation is a formal process that allows couples to legally separate their affairs without divorcing. This allows them to maintain their status as a married couple but still affords them protections in terms of financial, legal, and emotional matters. In South Carolina, legal separation requires the filing of a formal complaint, and the court can grant orders concerning all applicable issues, such as child custody, visitation, and financial support. Once the court has issued a separation order, the couple is officially separated and are not obligated to live together or recognize each other as husband and wife. Additionally, the court may order the division of certain assets and debts. These provisions remain in place until the court issues a final judgment of divorce or the couple reconciles and withdraws the separation papers. Legal separation can be beneficial in certain situations as it allows couples to make arrangements for their children and finances without the finality of divorce. In South Carolina, a legal separation may be the best choice for couples who wish to keep their marriage intact but who need some space and time to consider their relationship and sort through their differences.

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