Merry Christmas to everyone! We hope you have a safe, happy and blessed holiday. Our office is closed Friday, December 23rd and Monday, December 26th to celebrate the holiday. We hope you don't need us before next Tuesday but if you have an emergency you can reach Nick at 843-830-5155 and Dicky at 843-870-2562.
Happy Birthday to Heidi, the greatest real estate closer in the world! We appreciate all that you do for us.
The South Carolina Supreme Court recently made an important ruling regarding spousal separations in the case of Theisen v. Theisen, Opinion No. 27041.
"Legal Separation" is actually a misnomer in South Carolina. The legal name for the action is "Separate Maintenance and Support." The purpose of such an action is for one spouse to seek support from the other spouse when they are living separate and apart. The novel issue in this case was whether such an action could be brought while the spouses were still living in the same household, even if living in separate bedrooms. The court held that spouses must actually be separated and living in separate households before either can bring such an action.
We have learned that there is some misunderstanding of the holding in this case. Here, the plaintiff spouse did not ask the court for a divorce, but only for support while living separate and apart from the defendant spouse. Where a spouse files an action for divorce on the fault grounds of adultery, physical cruelty or habitual intoxication, the spouses do not have to be living separate and apart at the time the action is filed.
We are a general practice law firm serving the greater Charleston, SC area. Our attorneys handle business transactions, real estate, criminal defense, family law, wills and probate, and municipal law
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