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Can you date while separated in SC, and how would it affect you in divorce?

Columbia, SC |

Someone and their husband plan to separate within the next month. For some reason, one of them seems to think that they can date others and it won't affect them if they are "legally separated," if that even exists.

Attorney Answers 2


There is no "legally separated" in South Carolina. There is a one year period of continuous separation period for a no fault divorce ground. Until the divorce is final any dating could be seen as adultery and be used against them in the divorce proceeding. A divorce attorney can give more information.

Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at <>.

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I agree with Mr. Guthrie. I would never advise a client to date while they are still married. I recognize (of course) that in this world of seemingly throw-away marriages, many people choose to date others while they are still married. That doesn't make it right. No matter how common it is in this culture, dating others while still married is a betrayal of the marriage vow, and sex outside of marriage is adultery. The main consequence of adultery, in law, is that the adulterous spouse will not be entitled to receive any alimony from the non-adulterous spouse.

This is general feedback only, it is not legal advice and does not create an attorney client relationship.

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1 comment



I believe they were asking for legal advice not your morality lesson.

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