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Rather, it is called an Order of Separation and Maintenance that is issued by the family court judge.Separation simply means that you and your spouse no longer live together.You should be forewarned that you will likely be asked under oath at a deposition or at trial about any dating or romantic relationships.To answer these questions falsely would constitute perjury.
You are not considered separated in South Carolina if you and your spouse continue to live in the same residence.
In all actions for separate support and maintenance, legal separation, or other marital litigation between the parties, allowances of alimony and suit money and allowances of alimony and suit money pendente lite shall be made according to the principles controlling such allowance and actions for divorce.
[Based on South Carolina Code of Laws Section 20-3-140] On the issue of whether a spouse should date after separation and before divorce, you should understand that post-separation dating can be used as evidence of adultery occurring during the marriage.
Once you are living in separate residences, either spouse can file in the family court for an order that amounts to a legal separation.
The short answer in no you cannot without a court order.If that is the case, you are well-advised to obtain proof of his or her affair through a private detective.