Separate Support and Maintenance 

Why file for separate maintenance and support?

Many times a couple wants to divorce, but there is no fault-based ground under which to grant a divorce. Therefore, the only option is to live separate and apart continuously for one year and seek a no-fault divorce. In the meantime, an order for separate maintenance and support gives the parties the benefits of a divorce decree while they wait for one year to elapse. Filing an action for separate maintenance and support is a good way to start the process of proving South Carolina’s no-fault ground for divorce – living separate and apart continuously for one year. It gives the parties an order from a family court judge which legally declares the date that the parties began living apart. Also, if a fault-based ground for divorce (adultery, habitual drunkenness, desertion, physical cruelty) arises before a year of separation has elapsed, one party may file for divorce earlier than one year.

Process

1. The party seeking an order for separate maintenance and support files a summons and complaint with the clerk of Family Court

2. The summons and complaint is filed with the clerk of court

3. A filed copy of the summons and complaint is then served on the opposing party, via the sheriff’s office, or through the mail via certified mail, return receipt requested, delivery restricted to the party named in the complaint.

4. The opposing party has thirty (30) days to answer

5. The Family Court judge will then hear the case and decided issues of child support, alimony, property distribution, etc. If the parties have come to an agreement, the judge will make a finding on whether the agreement is fair and reasonable, and if it is, incorporate the agreement into an order.