Separation and Divorce in South Carolina
South Carolina requires couples to live separate and apart for one year to qualify for a no-fault divorce. During this time, many people wonder: “Can I start dating?”
The short answer is: yes, but it can come with serious risks. Even if you’re separated, you are still legally married until the divorce is finalized.
How Dating Can Affect Your Case
Dating while separated can influence your divorce in several ways:
- Adultery grounds: South Carolina recognizes adultery as a fault-based ground for divorce. If your dating turns physical before divorce, your spouse could raise adultery claims.
- Alimony: A finding of adultery can bar you from receiving alimony.
- Custody: Judges may look at whether a new relationship affects your child’s stability or well-being.
- Settlement negotiations: Dating during separation can inflame tensions, making agreements harder to reach.
Lexington Judges’ Perspective
Family court judges in Lexington County understand that separation is difficult, but they also see the ripple effects of dating too soon:
- Children may feel caught in the middle.
- A spouse may use the relationship as leverage.
- The court may view the relationship as poor judgment if it disrupts the family.
In short, judges prefer parents to focus on stability until the divorce is finalized.
Safer Alternatives During Separation
If you want companionship while separated, consider:
- Spending time with friends and family.
- Focusing on counseling, parenting, or financial planning.
- Waiting until after the divorce decree before starting a new romantic relationship.
Quick FAQs
Is dating while separated considered adultery in South Carolina?
Yes, if it’s sexual, even after separation. You’re still legally married.
Can dating affect alimony?
Yes. If the court finds adultery, you may lose the right to alimony.
What if my spouse is also dating?
That doesn’t cancel out your own risks — both can still face consequences in court.
Call to Action
If you’re separated and considering dating, make sure you understand the risks first. Call The Farley Law Firm today to schedule a confidential consultation and get clear guidance on how it may affect your case in Lexington.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your case.