Can I Date Once I am Separated from My Spouse?

You have been separated from your spouse for a while now.  You both want to move on with your lives.  You wonder....can you date?

In the state of South Carolina, there is no such thing as a "legal separation" as in other states, or like you hear on television.  South Carolina divorces are all based on "fault."  As a result, once you live separate and apart from your spouse, you may still be sued for a divorce on the basis of adultery.  The only way to not have to defend yourself from this fault based divorce reason is not give your spouse any reason to think or believe that you are seeing someone else.

As a family law attorney, it is my recommendation to those who are separated to take this time to get your affairs in your life in order.  This is a time to focus on you and your children if you have any and how you plan to move forward with your life.

Although there are certain circumstances where adultery allegations may be avoided, I advise seeking the advice of a family law attorney before you decide "to date" while separated, but not divorced from your legal spouse.