The procedure for filing an order for a separate interview and assistance to the family court is as follows: one of the spouses who will be the plaintiff will be a subpoena and a claim for an order for a separate interview and support, and a notification and a temporary discharge request, or made his lawyer. After filing, subpoenas, complaints and communications, and requests for temporary discharge are personally served on the other spouse or lawyer. The authorized spouse is the defendant, that is, he is not a plaintiff. The defendant or his or her lawyer then has thirty (30) days to respond, respond to the complaint, and ask the court to tell the judge what he or she wishes to do with respect to the issues in the case. The case is then tried by a judge who decides on the issues or reviews and approves an agreement between the parties. This mandate will monitor the issues until the parties reach a final agreement on all issues or until consideration. If you have questions like this, talking to a family law lawyer in South Carolina can help you understand your situation. Read on to hear the answers to some of the frequently asked questions about separation in South Carolina, which I hear regularly from my clients. South Carolina does not recognize “legal separation.” Instead, the South Carolina Family Courts issue separate maintenance and assistance orders containing specific details about custody of the children, visits and support agreements for the parties, as well as the maintenance of marital property and payment of marital debts until the matter is resolved at a final hearing or trial. A separate maintenance and assistance order is a temporary order; it does not cover the issue of divorce and does not end the marriage of the parties. You should NOT use the separation agreement if you do not know where your spouse is or if your spouse refuses to consent.
Instead, the best way to use a separation agreement is where both spouses have had a mutual understanding of how they wish to manage the “business” of separation. Both spouses must sign the agreement. Technically, there is no separation in South Carolina. However, you can get an order through separate support and maintenance, which was mentioned above. It is a family judge who takes the order. After the separation, you can file the separation contract with the court. They are “legally separated” only if the court approves the contract. Note that this agreement is not considered a divorce. If the spouses are able to obtain an agreement for a separate maintenance and support order, the judge will review the agreement to ensure that it is fair to both parties, in the best interests of their minor children, and that it follows South Carolina law.