What’s the Difference Between Separation and Divorce in SC?

Anytime that you file for a separation or a divorce in Rock Hill, SC, you are going to have a hard time coping. Neither process is easy on the couple involved and things usually get worse before they get better. While many couples decide to file for a divorce or separation, very few couples realize that there is a big difference between the two. Below you will find out what the differences are between separation and divorce in SC.

Grounds for Divorce in SC

When you are looking to get a divorce in Rock Hill, SC, there are five grounds that are acknowledged by the courts. These grounds are listed below.

  • Adultery
  • Physical abuse or cruelty
  • Desertion for more than a year
  • Habitual use of drugs or drinking
  • A no fault divorce, which is defined as being separated for one year with no cohabitation at all

If you can’t prove any of these grounds for your divorce, then you can still apply for a separation. Issues such as child support, custody, and alimony can still be addressed. The big difference however, between getting a divorce and being separated is that you will still be legally married with just a separation.

The Differences Between Divorce and Separation

Many couples don’t understand the difference between a divorce and a separation. In order to make an informed decision on whether to get a divorce in Rock Hill, SC or just a separation, you will need to know something about each.


Divorce is a decision between to people to dissolve their marriage. Unlike many states, in SC you do not have to be legally separated in order to file for a divorce. If you have not lived apart for at least a year in SC, you will have to file for divorce on one of the other grounds listed above. Divorce is final and once the papers are signed, you will no longer be legally married.


A separation is defined as both parties living in a separate location. Living in one house, but in separate bedrooms is not considering being separated in SC. If you have a separate apartment on the grounds or over the garage, then you will want to talk to an experienced attorney in SC to see where you stand on going to court to get a divorce.

Residency Requirements

In order to file for divorce in Rock Hill, SC one of the parties must have lived in SC for more than a year. If both spouses are in SC, then you need to have lived in the state for at least three months out of that year.

These are just a few of the differences between separation and divorce in Rock Hill, SC. If you are seeking a divorce and are not sure what to go for a divorce or a separation, then you need to speak to a reputable attorney today for answers and the help that you need.

This entry was posted in Divorce Lawyer Rock Hill SC, Divorce Process and tagged . Bookmark the permalink.

Comments are closed.