One yr separation requirement

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One yr separation requirement

In SC, is it possible to meet marital separation requirements if residing under the same roof. What is the burden of proof of separation, for instance if staying with friends.

Asked on October 10, 2018 under Family Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

No, unfortunately not.  The law in South Carolina requires that you actually live separate and apart, not just in separate rooms and not having sex.  You just have to prove that you live in separate houses.  How you do that depends on where you live.  So if it is wth friends then show maybe you had your mail forwarded there, maybe an affidavit from them - it truly depends.  The case law in your state is best determinative of same.  Good luck.


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