What if I don’t have legal grounds for a divorce but believe it is time to separate from my spouse? If you are in danger, or have children, or have property that needs to be protected or divided, or if you need support from your spouse, then an action for Separate Maintenance and Support may be appropriate. The colloquial term for Separate Maintenance and Support is a legal separation. In this type of family court lawsuit, the court has the authority to decide all issues as if it were a divorce action, except for the divorce itself.
However, before you file suit, you must already be separated from your spouse. For many people, timing is crucial. Therefore, it is extremely important to have your documents ready to file as soon as legally possible to protect yourself, your children, and your property. The attorneys at McCutchen McLean & VanSyckel LLC are extremely proficient in preparing the lawsuit and filing it at the precise time to best protect our clients and allow them to get in the courtroom as soon as possible.
What happens if the divorce decree needs to be changed regarding my child’s custody, visitation, or child support? Court Orders concerning children’s issues and sometimes alimony issues may be changed under certain conditions. To modify a court order, South Carolina law requires that you prove a substantial and material change in circumstance has occurred since that order. However, not all changes are material or substantial. The attorneys at McCutchen McLean & VanSyckel, LLC have filed numerous successful Modification lawsuits. Call us today for your initial consultation.