Dating separation sc
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 one party has lived in South Carolina for at least one year, that party can file for divorce in South Carolina even if the other spouse has never set foot in this state.Other issues such as the division of property, alimony, visitation, and child support, however, require obtaining personal jurisdiction over the nonresident spouse.In addition, there is one “no-fault” ground recognized by South Carolina courts, called “Living Separate and Apart for One Year Without Cohabitation.” In order to obtain a divorce, the party filing for divorce must prove at least one of these grounds with legally sufficient evidence.
However, if you are only physically separated (meaning you are simply living apart from your spouse), then any adultery at this point will most liklely have an effect on how the financial issues in your case are decided.
If I do so, can my spouse pursue a divorce from me based on adultery?
You have several issues referenced in your question.
Your spouse has a right to be on and in the property that you both own or rent unless a court decides otherwise.
If you lock your spouse out, he or she may be able to take appropriate action to regain entry to the property.
Dating after separation and before divorce may also have a serious negative impact on the settlement negotiations between you and your spouse.