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I'm no atty, but I have worked for 3 and am now in the courthouse. And I've just this past week separated from my husband. We are still living together in separate bedrooms and of course haven't had sex lately. But it's still cohabitation if you are under the same roof. Even if you are under the same roof belonging to someone else (ie parents', friends', etc). We won't be legally "separate" until we sell the house and both move out. And in SC (which is where I am as well) there's no such thing as legal separation. You can have a legal maintenance agreement which will begin to outline things such as property division, child custody requests, etc for your pending divorce. After the year is up with no cohabitation or sexual relations you can proceed with the divorce. |