Does Living in Separate Bedrooms Count as Being Separated?

Posted on July 5, 2007 by J. Benjamin Stevens
Question:  I decided a while ago that being married is just not for me anymore.  When I told my husband about my feelings, he moved into the guest room in our house, and we have now been sleeping in separate bedrooms for about six months.  I read that there is a waiting period in South Carolina for a no-fault divorce.  If we have been living in separate bedrooms and not having sex, will the Court count these last six months toward the required waiting period?
 
Answer:  In South Carolina, you must live apart for over one year in order to get a “no fault” divorce.  Living apart means that you must live in separate residences under different roofs.  In other words, living in separate bedrooms in the same house does NOT count toward the one year requirement.  

If you have already decided that you do not want to be married anymore, then you should act to protect yourself and your interests.  If any of the following factors apply, you should consult an experienced family law attorney to discuss whether you will benefit from obtaining a legal separation:
  • You have any significant assets, including real estate, retirement accounts, a business, investments, etc.;
  • You have any minor children with your spouse;
  • Your spouse has committed a fault ground for divorce (adultery, physical abuse, alcohol/drug abuse, etc.);
  • You suspect that your spouse’s financial situation may worsen in the near future; or
  •  You suspect that your spouse may dispose of marital assets or incur additional debt in the near future.

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Dee - February 18, 2008 2:02 PM

Can you date other people while you are seperated if it is agreed upon?

E - May 27, 2008 8:00 PM

How must you prove that you have been living separately for a year? If both spouses agree as to the date of separation is that enough?

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