If you need separation advice, the following information can help.
If you have a separate guesthouse or a garage apartment, you need to discuss this situation with an experienced attorney, such as the attorneys here at The La Mantia Law Firm, about whether the court would consider this a separate location.
Some states, such as New Jersey, call this a divorce from bed and board.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
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.