Filing for Separation in SC

South Carolina Divorce Attorneys

Marital Settlement Agreements or Separation Agreements are documents signed by parties who plan to divorce but do not want a court to resolve their issues. Sometimes they are negotiated and agreed upon prior to filing of a divorce action, and sometimes they are developed while a case is pending in Court. They are most often reached through negotiation or mediation, although there are cases where parties have privately agreed to the terms and simply wish to have their agreement memorialized in a legal fashion. In an agreement, you and your spouse can agree on the terms for custody, visitation, child support, alimony, property, and debt division, and attorney fees and costs.

If you are interested in learning more about our South Carolina separation agreement attorneys, call (704) 343-8811.

To be enforceable, the agreements must be in writing and signed by both parties who confirm they have engaged in full and complete financial disclosure. Even with an agreement, to be enforceable, the agreement will be presented to the Court for approval. Sometimes the Court will address the representation of either or both parties by an attorney. Once approved, the terms of the Agreement will be enforceable by the contempt powers of the Court, which can result in serving a jail sentence, paying a fine and facing other sanctions against a party who fails to honor the agreement.

Mutually Agreed Separations

If you and your spouse feel that you can reach an out of court settlement, and avoid a trial, then contact a South Carolina family law attorney to assist you in the drafting of the necessary document. Since the Court will enforce it in the same manner that a Court order resulting from a trial, it is very important that the language used correctly reflect you and your spouse’s understanding. There are many documents and on-line forms on the internet, but it is important that you speak to an experienced attorney in your area to get things rights. Failing to do so can be very expensive and have great consequences.

To learn more, contact our South Carolina law office at (704) 343-8811.