Legal Separation in South Carolina: Definition and Benefits

Wha exactly is legal separation in South Carolina? Marriage is a beautiful relationship between two individuals committed to devoting their lives to each other. However, just like other relationships, sometimes marriages do not work out as well, for which it is far better to think like adults and part ways instead of suffering for no reason. The 2019 stats of divorce in South Carolina, as revealed by the Statista Research Department, shows a heightened level of divorce with up to 2.6 per thousand populations. While previously, divorce was the only option people could opt for in the state, today, there are other alternatives. One of them is legal separation in South Carolina.

Legal Separation in South Carolina Defined:

Legal separation is defined as the type of separation in which all the proceedings, including asset distribution, child custody, and support concerns, occur in the same way as during the divorce, with the only difference of the marital status that remains intact. It has been widely observed that people these days prefer legal separation over divorce for this one reason so that they do not have to bear the social stigma attached to divorce.

Conditions of Legal Separation:

The necessary conditions to fulfill the legalities of this type of parting ways are the same as divorce. It includes the following:

  1. Continuing differences between the couple
  2. Permanent incapacity of spouses to make decisions with mutual consent

To this day, many people prefer legal separation in South Carolina due to numerous underlying reasons. Some of them are:

  • Religious Beliefs:

Many people choose legal separation over divorce because of their religious beliefs. In many religions, divorce is considered a sinful act and is totally prohibited. Thus, individuals from such religions prefer legal separation from their spouses without dismissing their marital status in society.

  • Separation of Finances:

For the sake of separating finances before the tax year ends, people choose to have legal separation rather than divorce.

  • Residential Issues:

In this scenario, both the parties choose legal separation as their ultimate solution because they have not reached the mandatory six-month residency requirement to file for divorce in South Carolina. However, it is to note that the petition for legal separation can be changed after meeting the obligatory residency essentials.

To Obtain a ‘No-fault’ Divorce:

In South Carolina, people mostly opt for legal separation to file for a no-fault divorce. A no-fault divorce is defined as marriage dissolution, commonly seen and heard. Under the no-fault divorce umbrella, individuals ground reasons for divorce as their inability to progress as the spouse or the that the marriage has been ended on a factual basis.

Benefits of Separation to Count On:

Whether it is a legal separation or a divorce, parting ways from someone you imagined your entire life with is not an easy task. On one side, it becomes hard for you to live with the person, but on the other side, you are afraid that you will miss some great opportunities that are only granted to married couples if you choose to divorce them. Therefore, separation works excellent for those who want to keep taking advantage of the amenities that come with marriage while simultaneously living a stress-free single life. Out of many benefits of legal separation, some of them are listed below. These include:

  • Tax Benefits:

In order to keep on enjoying the tax benefits that come with the marriage, people intentionally choose legal separation over divorce.

  • Healthcare Benefits:

Many companies offer excessive healthcare benefits to their married employees, such as medical insurance, which is why people willingly choose legal separation over conventional divorce not to lose

  • Avoiding the Lengthy Procedure of Divorce:

The only reason to consider legal separation over divorce is that the duration of legal proceedings during the divorce typically takes more time than this alternative.

Recommendation on Personal Grounds:

If you are looking to live an independent life, out of somebody’s interference, including your spouse, living separately without revising the marital status is possibly the best solution. In this way, you can help each other financially avail facilities that married couples have while living life your way.

Speak to the Most Reliable Attorneys at South Carolina Now:

No matter how much you make up your mind to call it ‘quits’, still going through the legal aspects of separation could be incredibly heart-wrenching. Nevertheless, whether it is the divorce or the matter of Legal Separation in South Carolina, to make things easier for you, our attorneys are available to provide exceptional services. With crucial issues like property distribution and child custody, we have years of experience to help you find the most appropriate solution to your separation issue.

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