What is the difference between a permanent separation and a legal separation?
Permanent separation. When a couple decides to permanently split up, it's often called a permanent separation. It may follow a trial separation, or may begin immediately when the couple starts living apart. In most states, all assets received and most debts incurred after permanent separation are the separate property or responsibility of the spouse incurring them. However, debts that happen after separation and before divorce are usually joint debts if they are incurred for certain necessities, such as to provide for the children or maintain the marital home. Again, a couple's decision to permanently separate may not be considered a legal one unless one party takes the other to court for support or custody pending a divorce action. This then leads to a state of legal separation.
Legal separation. A legal separation results when the parties separate and a court rules on the division of property, alimony, child support, custody, and visitation -- but does not grant a divorce. The money awarded for support of the spouse and children under these circumstances is often called separate maintenance (as opposed to alimony and child support). In some states, separate maintenance can be obtained with a motion pendente lite, or pending the litigation. Usually a lawyer files this motion. These motions set the tone for what may be awarded in a future divorce judgement.
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Is there a statue of limitations for appealing a divorce settlement? If either party decides they were not dealt a fair share after a marriage of over 30 years?
Does the SC's separate maintenance law, free either party to remarry or have an affair? Is there a time limitation on the separation?
Does the SC's separate maintenance law, free either party to remarry or have an affair? Is there a time limitation on the separation?
I'am filing for seperation and maint. in SC while living in another state. I don't meet residency yet. My ex has decided to move to another state. Once the seperation and maint. is served to the spouse prior to moving, will the timeline to file for divorce stand or will I have to file for divorce where I am now?
My wife's parents have cnovinced her that she should not be with me anymore so they went to a lawyer and said we were getting a legal seperation. is there anything that can be done about her parents interference in our marriage and what happens at family court as they called it and do I have to have a lawyer.
Does the SC's separate maintenance law, free either party to remarry or have an affair? Is there a time limitation on the separation?