South Carolina’s “No Legal Separation” Rule
Unlike many states, South Carolina doesn’t have a legal process called “separation.” Instead, couples live apart under a separation agreement — a private, court-approved contract that outlines each person’s rights and responsibilities while they’re apart.
If you live in Lexington or nearby and plan to file for divorce later, a separation agreement can protect you now and simplify things later.
What a Separation Agreement Can Cover
A well-written separation agreement addresses nearly everything you’d settle in a divorce:
- Child custody and visitation schedules
- Child support and alimony
- Who pays household bills and debts
- Division of property and personal items
- Living arrangements and use of the family home
It acts like a roadmap — keeping both sides accountable while minimizing conflict during the one-year separation period required for a no-fault divorce.
Why Lexington Couples Use Separation Agreements
Even though not legally required, these agreements can:
- Prevent disputes over money, parenting, or property.
- Provide structure while living apart.
- Speed up divorce once the one-year separation is complete.
- Protect your finances if one spouse racks up debt.
Judges in Lexington County family court often prefer when couples present clear, written terms instead of fighting over details later.
How to Create and File One
- Consult an attorney. A lawyer ensures the agreement is fair and enforceable.
- Negotiate terms. Work through custody, bills, and assets with guidance from counsel or mediation.
- Sign and notarize. Both spouses sign voluntarily.
- Submit to family court. The judge reviews and approves it, making it legally binding.
Once approved, the agreement functions like a court order — meaning either party can be held accountable for violating it.
Quick FAQs
Is a separation agreement the same as divorce?
No. You’re still legally married but living apart under agreed-upon terms.
Do we have to file it with the court?
It’s optional but recommended — filing gives it legal force.
Can we change the agreement later?
Yes. You can modify it if both parties agree or by court order.
Call to Action
If you’re separating but not yet ready to divorce, protect yourself with a clear plan. Call The Farley Law Firm today to schedule a confidential consultation and learn how separation agreements work in Lexington County.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.