There is no reason to risk having negative effects on your divorce proceedings. After you and your spouse are separated, you can file an agreement with the court, have it approved by the judge, and have what amounts to a legal separation. However once a final order of separate maintenance has issued this should probably not be a concern for a client who wishes to date so long as that client does not expose his or her children to those he or she dates. Do you have questions about divorce in SC? What is the process for a legal separation? Getting divorced is not only confusing emotionally, but also legally. Dating can turn a no-fault divorce into a fault divorce. These are the most important things in your life, and you want to make sure your interests are protected. Even though not dating means putting your life on hold for the time while your divorce is pending, moving on with dating may mean altering your divorce proceedings in a negative way. At worst, it will provoke feelings of anger and revenge, which will greatly complicate your settlement negotiations with your spouse. A fault divorce alleges that one person did something to cause the marriage to break down. A party can request a temporary hearing to ask the Court for relief during the separation period. A lot can happen during that time. You do not want to have to explain away a lapse in judgment while seeking custody of your children. Williams , S.
What is the cost for a legal separation? What are the benefits of legal separation? Being separated is not the same as being divorced! There is no legal status between being married and divorce. If there was no illicit sexual conduct before your date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony. Each client needs to determine his or her own balance regarding the risks and rewards of dating during marital dissolution litigation. However, a paramour who stays overnight when your children are present can be grounds for denial of your custody or visitation. In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors … 2 marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of: Dating can turn a no-fault divorce into a fault divorce. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference. At best, your infidelity can cause your spouse hurt and embarrassment. Can I start dating if I am legally separated from my spouse in SC? Even though not dating means putting your life on hold for the time while your divorce is pending, moving on with dating may mean altering your divorce proceedings in a negative way. One still needs to prove opportunity to commit adultery and an inclination to commit adultery to prove adultery. An Order of Separate Support and Maintenance is an order issued by a family court judge. The supported spouse can incur significant fees in defending that claim. Dating can also negatively impact alimony. Marital misconduct is one of the factors a judge can consider when deciding property division. People find themselves trying to figure out child support, child custody, property division, who is going to keep the house, etc. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance. To answer these questions falsely would constitute perjury. This blog is intending to help litigants understand these risks. These are the most important things in your life, and you want to make sure your interests are protected. The Bottom Line So, is there a safe way to date while separated? Even for the supporting spouse, dating can pose a danger on alimony. A whole subset of risk arises when child custody is an issue.
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