Do Both Spouses Need to Sign a Separation Agreement?

07/28/2009 - Category:Divorce - Separation Agreements - State: SC #17834

Full Question:

My son is going to court in the morning to sign a separation agreement. He recently like yesterday found out she had changed their initial agreement for payments. He did not get legal representation as he was told this was an informal event. Does he need a lawyer? What if he does not want to sign a deceptive agreement which changed? Does the Judge need him to sign to make him liable?

Answer:

A legal separation may be sought by a couple who wish to stay legally married to protect significant religious, financial, social or legal interests. Many times a separation agreement is entered by the parties and the date of separation is provided. The agreement needs to be signed by both spouses. It is possible to file a separation agreement without hiring an attorney. However, when there are issues in dispute, it is recommended to be represented by an attorney. The court will generally enforce a separation agreement as long as it's not unfair to either party. South Carolina law does not provide for legal separation as such. However the spouses can enter into agreements to divide their property, and have these agreements approved by the Family Court. Under some circumstances, South Carolina law also allows a spouse to obtain support payments during a period of separation.The separation agreement may be incorporated into the final divorce decree. You may wish to see our attorney directory at the following link: http://lawyers.uslegal.com/divorce/

Please see the information at the following links: http://definitions.uslegal.com/d/domestic-relations-separation-agreements/ http://definitions.uslegal.com/d/domestic-relations-legal-separation/ http://lawdigest.uslegal.com/divorce/separation-agreements/4833/ http://lawdigest.uslegal.com/family-laws/divorce,-separation-and-annulment-overview/ http://lawdigest.uslegal.com/divorce/state-faq/7012/ http://lawdigest.uslegal.com/divorce/state-law-summary/6928/ Please see the forms at the following links: http://www.uslegalforms.com/divorce/south-carolina-divorce-forms.htm http://secure.uslegalforms.com/cgi-bin/forms/search.pl?&state=SC&rating=all&field=category&altform=&memform=&query=separation%20settlement%20south%20carolina

07/28/2009 - Category: Separation Agreements - State: SC #17834

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