Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In South Carolina, individuals contemplating the end of their marriage have several options. Divorce is the formal legal process to dissolve a marriage, and South Carolina recognizes both fault and no-fault grounds for divorce. Before filing for a no-fault divorce, the couple must live separately for at least one year. Legal separation, per se, is not formally recognized in South Carolina; however, couples can get an Order of Separate Maintenance and Support, which addresses similar issues as a divorce, such as property division, child custody, and support, without actually ending the marriage. Marriage counseling is often considered before taking legal steps to end a marriage and may be required by the court in certain cases. Annulment is another option but is only available under specific circumstances where the marriage is deemed void or voidable, such as cases of bigamy, incest, or lack of consent. Each of these alternatives can have significant financial implications and may affect rights to property, alimony, and child-related matters.