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  1. #1
    divine1 is offline Junior Member
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    Exclamation Decree of Separate Maintenance

    What is the name of your state (only U.S. law)? South Carolina
    I have been separated from my husband for about a week and was informed by my mortgage company I need to do a decree of separate maintenance or his income will be used to determine what I am eligible for and how much my payments will be. I have already contacted family court and they told me if I don't know how to do it myself then I will need an attorney. An attorney costs too much therefore I would like to do it myself. Does anyone know where I can get the forms for free and who I need to speak with to take care of this proceeding?
  2. #2
    divine1 is offline Junior Member
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    Question Help

    I was informed by a lawyer that in SC there is no such thing as a legal separation but for religious reasons I don't want a divorce. I need his name off of the loan in order to move forward. If he doesn't sign the documents what can I do?
  3. #3
    Silverplum is offline Senior Member
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    Quote Originally Posted by divine1 View Post
    What is the name of your state (only U.S. law)? South Carolina
    I have been separated from my husband for about a week and was informed by my mortgage company I need to do a decree of separate maintenance or his income will be used to determine what I am eligible for and how much my payments will be. I have already contacted family court and they told me if I don't know how to do it myself then I will need an attorney. An attorney costs too much therefore I would like to do it myself. Does anyone know where I can get the forms for free and who I need to speak with to take care of this proceeding?
    If you plan to act as your own attorney, you will need to read all the rules of court and rules of procedure for your county. Go to your county courthouse to find forms, or find them online. Google them.
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by divine1 View Post
    I was informed by a lawyer that in SC there is no such thing as a legal separation but for religious reasons I don't want a divorce. I need his name off of the loan in order to move forward. If he doesn't sign the documents what can I do?
    You can't have everything you want in life. Pick one. Run with it.
  5. #5
    nextwife is offline Senior Member
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    Your payments on a refinance will be whatever the loan rate and terms are. Mortgage payments are a straight calculation of the interest rate, the amortization length and the amount financed, plus any PMI that may be charged.

    In most states, in the absence of a divorce or legal seperation, he can still be held liable for any debts you incur while married. Thus it would make no sense for him to sign over his interest in the property now.
  6. #6
    scwife is offline Junior Member
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    [url=http://www.scbar.org/public_services/lawline/legal_separation/]SCBar // Legal Separation[/url]

    There is not "legal separation" in SC, but we do have basically the same thing just called "Decree of Separate Maintenance and Support" See the above link for more info.

    Hope that helps!
  7. #7
    Humusluvr is offline Senior Member
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    Quote Originally Posted by scwife View Post
    [url=http://www.scbar.org/public_services/lawline/legal_separation/]SCBar // Legal Separation[/url]

    There is not "legal separation" in SC, but we do have basically the same thing just called "Decree of Separate Maintenance and Support" See the above link for more info.

    Hope that helps!
    Your first post is to a thread that ended in January?

    I think the OP is probably long gone....
  8. #8
    scwife is offline Junior Member
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    Humuslvr,
    The OP may be gone, but I found this thread via google, and posting a viable answer may in the future help someone else like me looking for info.

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