If two people become legally separated then reconcile, do they have to restart the divorce process if problems arise?

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If two people become legally separated then reconcile, do they have to restart the divorce process if problems arise?

Asked on May 20, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that in South Carolina there is no such thing as a legal separation. But there are similar types of action called An Action for Separate Maintenance & Support or A Limited Divorce or a Divorce from Bed and Board. The first is similar to other states’ legal separations where issues such as child support, custody etc., are decided.  Once you have lived separate and apart for a year parties can file for divorce but the court must find that reconciliation is not possible to do so. SO the answer to your question may indeed be yes.  I would consult a lawyer in your area and give specifics.  Good luck.

 

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