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  #1  
Old 05-12-2000, 02:16 AM
marymel
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In South Carolina, if a couple separates pending a no-fault divorce, are they allowed to date during the separation period?
  #2  
Old 05-12-2000, 05:23 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by marymel:
[b]In South Carolina, if a couple separates pending a no-fault divorce, are they allowed to date during the separation period?[/b]<HR></BLOCKQUOTE>

On the summons, please read (usually on the reverse side) whether there are "automatic" stay away orders. If there are such orders, and the kids are discovered to have been "dating", then the court is going to look upon the filing as a "sham" (that is, there is no present intent to be separated) and will not grant the divorce. As a matter of fact, the court could issue monetary sanctions for having violated the "stay away" order. "Separation" within the meaning of most States' laws requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship.

IAAL


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  #3  
Old 05-12-2000, 10:04 AM
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IAAL: How about in Iowa...If you are separated can you date *other* people or your soon to be "ex"? Without having any problems come about in the divorce? Thanks!
  #4  
Old 05-12-2000, 01:36 PM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]IAAL: How about in Iowa...If you are separated can you date *other* people or your soon to be "ex"? Without having any problems come about in the divorce? Thanks! [/b]<HR></BLOCKQUOTE>

My response:

Assuming Iowa is, in fact, a "No Fault" divorce State, then yes, during a separation and while waiting for a divorce, you can have a relationship with someone else because that new relationship will not, and can not, have any bearing whatsoever on the divorce. However, assuming Iowa is a "Fault" State, having a relationship prior to divorce will have an impact on the the final outcome of the divorce.

I have already addressed the issue of husband and wife "dating" while waiting for a divorce (See above). Is there a "stay away" order in effect? Look at the Summons.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

  #5  
Old 05-12-2000, 02:16 PM
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How and where do you find out of your state is a no fault or fault state?
 



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