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Separation Attorneys in Fort Mill

Serving Couples in Fort Mill, Indian Land, York County & Lancaster County from Offices in Fort Mill & Rock Hill

Though “legal separation” isn’t recognized in South Carolina, a family court can issue an Order of Separate Maintenance and Support. This is a final decree or order that will settle all of the collateral issues in a divorce except for the divorce itself. If you do not have grounds for divorce but are living separately from your spouse, you can file for Separate Maintenance Decree and litigate custody, visitation, child support, alimony, and property and debt division. As stated, this will be a final order with regard to these essential issues. Upon living separate and apart continuously for a year, you can get a divorce. Your Separate Maintenance and Support Decree will remain in place and the only issue that will be litigated is the divorce itself.

Orders of Separation and Support may make rulings on the following:

A spouse may only file for an Order of Separate Maintenance and Support if there are grounds for divorce, or if both spouses are already living apart. If the spouses are able to reach an agreement after the Order has been requested but before trial, a judge will review the agreement to make sure it is fair and in the best interests of any children involved. If approved, the judge will incorporate your agreement into its Order. This means your agreement will be made an Order of the Court and can be enforced through the contempt powers of the court.

Why You May Need Legal Help

A request for Separate Maintenance and Support involves filing official documents with the court: a Summons and Complaint for an Order of Separate Maintenance and Support. Often, a Notice and Motion for Temporary Relief will also be filed at the same time. The spouse who has not requested a separation must then file an answer and counterclaim within 30 days. If a motion for temporary relief is filed, a temporary hearing will be held within 30 days and a judge will review the case and issue a temporary order, which will define custody, child support, spousal support, and property and debt issues while the case progresses through the divorce process. This order will be in effect until either the parties reach an agreement or a final hearing is had to settle all of the issues on a permanent basis.

Holland Law LLC: Always Available

Separation can be a messy business. To make sure you are taking the right steps, you need an experienced attorney to guide you. At Holland Law LLC, we have 24+ years of court experience and almost a decade of practice focused on family law. We are the aggressive, experienced, and compassionate advocates you need to come to an equitable arrangement. Your family and peace of mind depend on it.

Holland Law LLC’s experienced divorce attorneys in Fort Mill and Rock Hill will treat your matter with respect and integrity. Call (803) 500-4140 to schedule a consultation.

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How We Fight For Your Family
  • Over 24 years
    of legal experience.

  • We treat your matter with
    integrity and respect.

  • Tom has extensive experience
    in the courtroom

  • Licensed in South Carolina
    and Virginia

  • Tom is a
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