Theisen v. Theisen

I concur in part and dissent in part. I agree with the majority that the family court did not find a jurisdictional defect in wife’s complaint. See Gainey v. Gainey, 382 S.C. 414, 675 S.E.2d 792 (Ct.App.2009). I disagree, however, that either as a matter of pleading or of policy a married couple must be living separate and apart in order to bring an action for separate maintenance and support. I would therefore reverse the family court order to the extent it dismissed the complaint and cancelled the lis pendens.

Although South Carolina did not permit divorce until 1949,6 the equity courts…