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While many people believe that once they are separated from their spouse they are free to start dating again. You are still married to your spouse until the judge signs your divorce decree.On the same note, you are still married, so until you are divorced you cannot marry another person as it would constitute bigamy.
This could work against you in terms of equitable division of assets, as it is a factor the court considers (see above).For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.For a fault-based divorce, South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.In this example, a Separate Support and Maintenance action may be filed to address the same issues involved in a divorce action.For further information, please schedule an initial consultation with our South Carolina office to discuss the importance of filing an action as soon as possible.More importantly, if you are a candidate for spousal support/alimony, even the perception that you are “dating” or having sexual relations while you are still married could bar you from receiving spousal support/alimony. If you meet one of the South Carolina statutory grounds for divorce, then you can proceed whether your spouse is happy about it or not.
That being said, all issues must be resolved before a final divorce decree can be issued. All issues must be resolved before a divorce is finalized in general.
In South Carolina, the following statutory factors in determining whether a party should or should not be awarded spousal support. You may file for divorce once you have a ground for divorce (see grounds for divorce discussed above).
However, in South Carolina, you may file a Separate Support and Maintenance Action before you have a ground for divorce.
There are some circumstances where judges will bifurcate issues (divide the issues), but this is not very common because there are many legal pitfalls that could arise.
You should contact our South Carolina office for further clarification of these potential pitfalls.
The advice and knowledge of an attorney is crucial to protecting your interests in the future. South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.* Marital Fault is also a factor that may be taken into consideration in regards to equitable division of marital property and spousal support/alimony. (C) In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and non-marital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant. You must request a name change in your pleadings to put the court on notice that it is an issue before the court. Family Court judges may exercise broad discretion in their decisions after considering the specific facts of a case and relevant law.