In South Carolina, a legal separation is technically called a „Decree of Separate Maintenance.“ Legal separation in SC occurs when the spouses live in two different locations. It is not considered a separation if each spouse lives in the same house, but in different rooms. A separate support and support order is an order made by a family court judge. After being separated, you and your spouse can file an agreement with the court, have it approved by the judge and have a body breakdown. This is not a divorce; the parties are still married. A good national agreement should contain five sections. The first section is the case label, which indicates the names of the parties to the agreement as well as the state and county in which the agreement is submitted for approval and enforcement. If a case has already been filed, the file number will be included. The second section defines the basic acts of jurisdiction enabling the parties to reach an enforceable agreement on matters covered by the agreement.
The third part is the agreement itself. Part Four lists the facts describing the parties` understanding of the binding nature of the agreement; their ability to accede to the agreement; and their understanding that the agreement will be a court order and will be subject to the Tribunal`s contempt powers. The last part is where the parties sign and date the agreement and have their signatures attested. Your Myrtle Beach divorce lawyer at Axelrod and Associates will help you negotiate a separation agreement that will resolve any issues with your divorce whenever possible. But if that is not possible, we are ready to go to war to protect the interests and children of our clients. If you are considering separation or divorce or are in conflict with custody, the following behaviors and actions are not helpful and too often hurtful to your case. If you and your spouse reach an agreement on these matters, the family court will approve the agreement if it is fair to both of you and in the best interests of minor children. . . .