The procedure for filing a case in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so.
A Berkeley County jury acquitted a man last week of most charges that stemmed from a woman’s claims she had been sexually assaulted on the side of a dark, rural road by two men who pretended to be law enforcement officers.
Darrien Jermain Walker, 23, of Otranto Road in North Charleston, was convicted of impersonating an officer but was found not guilty at trial of kidnapping, first-degree criminal sexual conduct and possession of a firearm during the commission of a violent crime, Berkeley County court records show.
Parties may not agree to allow each other to date or have sex with other people while they are still married to each other, for example, because that is illegal in South Carolina.
Parties may agree to waive his and her marital interest in the estate of the other spouse, in the event that he or she should die prior to the divorce being finalized.
South Carolina does not recognize “legal separation.” Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties’ child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until the case is resolved at a final hearing or trial.
An Order of Separate Maintenance and Support is a temporary order; it does not cover the issue of divorce, and it does not end the parties’ marriage.The woman fought back and the men eventually let her go, she reported.Deputies pulled over a vehicle that matched a description provided by the woman shortly after the alleged assault.One searched the woman’s car while another patted her down, “feeling every part of her body,” the report stated.At one point, one leaned into the woman’s car, placed his hand on the seat between her legs and told her she was attractive, according to the report.The alleged victim gave a statement to investigators saying two men had followed her from a bar in Goose Creek to Moncks Corner before assaulting her around 2 a.m. Brandon Gibson, 24, faces charges of impersonating an officer, kidnapping, first-degree criminal sexual conduct and possession of a firearm during the commission of a violent crime, Berkeley County court records show.