Seek Definition/Cohabitation

[Vargo]

I am seeking help in defining `cohabitation' as it applies to SOUTH CAROLINA divorce law.
My significant other intends to seek a divorce on the grounds of (having) "... lived separate and apart WITHOUT COHABITATION for a period of one year".
She and her spouse have now lived apart for 10 months. They wish to visit their (married) daughter's home during the Holidays and, during that visit, MIGHT both stay at their daughter's home in Alabama.

My question is, if they were to do that, would/could it be considered to constitute "cohabitation" in terms of the South Carolina laws and thus negate the time they have already lived `separate and apart' ?

A timely opinion would be GREATLY appreciated.

 

[LegalBeagle]

I am seeking help in defining `cohabitation' as it applies to SOUTH CAROLINA divorce law.
My significant other intends to seek a divorce on the grounds of (having) "... lived separate and apart WITHOUT COHABITATION for a period of one year".
She and her spouse have now lived apart for 10 months. They wish to visit their (married) daughter's home during the Holidays and, during that visit, MIGHT both stay at their daughter's home in Alabama.

My question is, if they were to do that, would/could it be considered to constitute "cohabitation" in terms of the South Carolina laws and thus negate the time they have already lived `separate and apart' ?

Yes.. in fact SC says they have to be in different state at least 1000 miles apart from each other. They are not allowed in the same state as each other at any time. the only exception is Texas where you can be at different ends.







Ok seriously, spending a night in the same room would not throw out 10 months of living apart.

 

[Vargo]

Thanks

...`preciate your response, `Beagle'. Thanks
(you had me goin' there for a minute)