Legal Separation
Before you get going in one direction or another you need to determine if your marriage can be saved, or even IF you want your marriage saved. Separation and divorce and its aftermath is a traumatic experience for most, so if you can avoid it, do so.
Your first consideration may be the physical separation from your spouse. Living separately. A legal separation if your state recognizes that legal condition. We suggest you protect yourself (and maybe even your spouse) by making the separation ‘legal’. Most states recognize a legal separation. Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas do not recognize separations in a procedural sense; rather, living apart for a period of time serves as a legal separation. Depending on your state’s separation laws, there can be advantages to having a legal separation. Or a marriage separation. Your state will define which is which. Some states use the separation date as the valuation date for assets, removing any claims to a share of any further appreciation. Some states use the separation date as the date a particular mandatory waiting period began before a divorce can be filed or become final. There are too many more scenarios to list here. Some may or may not apply to your state laws about separation. If you want to get your separation started, download your Legal Forms here.
According to Social Security Administration rules, in order for a spouse to retain the right to receive retirement benefits based on the others earning history, one must be married at least 10 years. Consider this if you are in the ninth year of your marriage. You can file for a marriage separation (in most states) and get beyond the 10 year hurdle and then decide what you want to do.
While it is somewhat uncommon, certain couples may be able to maintain their insurance and retirement-related benefits after a decree of legal separation or marital separation has been filed. This depends solely on the benefit provider’s policies.
It is very important to not leave the marital home without speaking to a divorce attorney. Courts view the vacating of a home a “precedent”, and in some states, consider it an abandonment of the home, the spouse or the children. Separation does because legal in states that don’t recognize legal separation as a legal state of being however. These states (see the list above) expect proof that a separation did take place, but differ on what physically makes you separated.
Preparation prior to becoming separated
A. Remove your name from any utility bills. These would include electric, gas, phone, sewer, cable, phone, cell phones, newspapers, etc. We suggest giving your spouse a brief amount of time to get these services into their own name. Inform the utilities you have moved and keep a record.
B. If you have your name on any leases (apartment, vehicle, etc.) inform them you are moving, and have your name removed if possible. Set up a forwarding address. If you are concerned about your ex knowing your whereabouts, get a post office box. Complete a change of address form with the Post Office ASAP. Make certain you have copies of accounts or details including account numbers for all mortgages, bank and credit accounts, insurance policies, pension accounts, and any other financial paperwork you have had in interest in.
C. Copy all tax records (what you filed each year-form 1040. etc.). Notify any joint credit accounts that you you will not be responsible for any further charges, and if that means closing the account, do so. Inventory any safety deposit box contents. You might photograph the contents. If you have any appraisals connected with any item in the box, make sure you have that. If there are personal inherited items of financial or sentimental value, consider moving them to a box inn your name only.
D. Plan ahead by making of list of items you want to take with you. Unless you plan to have a yard sale, don’t take items that will gather dust. You can get those items later. Items you may wish to take with you can include:
- clothing, shoes, hats and coats
- pictures, photos, or family heirlooms
- personal grooming, hygiene items
- school and medical records
- your personal computer, including any backups
- any other electronic tool (external hard drives, iPods, Blackberries, PDAs, etc.)
- tools, outdoor equipment, recreation and sports gear, etc
{ 2 comments… read them below or add one }
Hello amj-
Did you look for information on this site, or just post your question? In order for a divorce to go through, each of you will have to disclose personal details about your lives, including income, assets, debt, property settlement and so forth. To get you started, go to this page on the web site:
South Carolina Divorce Laws
On that page, you’ll find links to topics that will give you answers, including how to file for divorce in South Carolina and what divorce forms you must submit to the court. See the S.C. Divorce papers and Forms link
Also see: Divorce Settlements
One of you must file the divorce forms with the court. In that paperwork will be a notice to your husband that you have filed for divorce, and that he must complete
and return his answer to the court. Should he ignore the paperwork, he can be held in default and your petition for divorce can be accepted and a default judgment of divorce can be granted. In your petition you will state your concern about hidden assets or property.
We hope it goes well for you
I am trying to find out exactly how to separate from my spouse, we are in SC… can I just tell him and move out, and then file the property settlement… I am afraid he will refuse to sign anything and not disclose all his property and debts, I don’t want to get blindsided and cannot afford an attorney at all… just want some simple advice and guidance to do this on my own. We have no children together, and no real estate.. I don’t want any support, just want to get out and move on with life…. can someone give me guidance
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