Sandra Hebert is South Carolina's premier divorce lawyer. If you are looking to get a divorce or separation from your spouse there are a few important facts that you should know. Below we have compiled a list of frequently asked questions. If you have any additional questions about separations or regarding our services please give us a call today.
Does a separation protect me from the debts of my spouse?
When spouses separate they may still bear responsibility for the debts previously and presently incurred by a spouse.
Do I need to go to court to separate from my spouse?
In order to separate, you just need to live apart due to marital difficulties. No paperwork is required. When you are living apart under such circumstances, you are then considered separated.
Can I draft a separation agreement without a lawyer?
Yes, but it is not encouraged to do so. A separation agreement is a binding contract and may last forever so it is strongly encouraged to seek advice from an attorney such as Sandra Hebert to review the agreement you have written up before it is signed.
Can I still get support if we separate?
The support of a spouse and the support of children are requirements and responsibilities of married persons, whether they reside together or separately. Exceptions may exist. For example, if a spouse has abandoned a marriage, the duty for support may terminate.
Does health insurance coverage continue after a separation?
Yes as long as you and your spouse remain married. If a spouse was protected by a policy of insurance prior to the separation, the health insurance coverage should in fact continue during a period of separation.
How is a legal separation different from a divorce?
A legal separation is not a divorce. If you legally separate from your spouse, you cannot marry anyone else. If you are legally separated, and you reconcile with your spouse, you can dismiss the legal separation and restore the marriage.