And if there are children involved, then that's even more reprehensible. HISTORY: 1962 Code Section 20-101; 1952 Code Section 20-101; 1949 (46) 216; 1952 (47) 2142; 1969 (56) 172; 1979 Act No. I'd take care of the divorce and spend some time getting my head back on straight before I went looking for another person.
Finally, if you are still married, your spouse can file for a divorce on the ground of adultery whether you are legally separated or not.
Posted Thursday, February 12th, 2015 by Gregory Forman Filed under Alimony/Spousal Support, Child Custody, Divorce and Marriage, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific People coming out of an unhappy marriage are often eager to begin dating.
When you are separated from your spouse you are still legally married.
So, technically, any new relationship could potentially be viewed as an adulterous relationship and your spouse could pursue a divorce against you on the grounds of adultery.
One thing people want to know often is how soon can they start dating again after they have separated from their spouse.
Their main concern tends to be what constitutes adultery and when is it safe for them to get back out and start dating.
Like a divorce, an order of separate maintenance and support can provide for one spouse to make support payments to the other, determine child custody and visitation rights, decide who gets to live in the family home, and divide the couple’s property.
But an order of separate maintenance and support is not a divorce – the parties are still married.
Non-legal advice: Why are you worried about dating? No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit: (1) Adultery; (2) Desertion for a period of one year; (3) Physical cruelty; (4) Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or (5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently.