The process of legally establishing a period of separate living within South Carolina, while maintaining a marital relationship, involves specific procedures and legal considerations. This action doesn’t dissolve the marriage but formally acknowledges that the parties are living apart with the intention of ending the marital cohabitation. For example, a couple experiencing marital difficulties might choose this path to allow for a trial separation or to meet residency requirements for a divorce filing later.
Pursuing this action can be beneficial for various reasons. It can provide a period for reflection and potential reconciliation. It also has legal ramifications, particularly related to property division, support obligations, and potential impact on future divorce proceedings. Historically, such formal separations were often sought to protect assets or establish grounds for fault-based divorce before the widespread acceptance of no-fault divorce.
Understanding the requirements, procedures, and legal implications is critical for those considering this path. This involves documenting the separation, establishing residency, and understanding the impact on assets and liabilities. Further details regarding these critical aspects are explored below.
1. Residency Requirements
The tale begins with roots, or rather, the establishment of roots within South Carolinas soil. To even contemplate a formal separation, the law demands a demonstrable connection to the state. This isn’t merely a fleeting visit or a temporary sojourn. It requires that at least one party involved in the potential separation has resided continuously within South Carolina for a minimum period of three months prior to initiating any legal action. This residency establishes the court’s jurisdiction; without it, the court possesses no authority to hear the case. Imagine a couple, recently relocated for employment, facing marital strain. Until they meet this crucial residency requirement, the legal avenues for formal separation within South Carolina remain closed to them.
The requirement is not merely a formality; it guards against forum shopping, where individuals might seek out jurisdictions with laws more favorable to their circumstances. It ensures a genuine connection to the state, suggesting a vested interest in the community and its laws. Consider a military family stationed in the state; their period of active duty and residence contributes toward meeting this prerequisite. However, proving residency often involves presenting tangible evidence – utility bills, lease agreements, drivers licenses all serving as corroboration of the claim. Without this bedrock of evidence, the entire legal process risks crumbling. This aspect underscores the practical significance of understanding and adhering to these fundamental principles.
In essence, the residency requirement functions as the gatekeeper to the separation process. It represents the initial hurdle that must be cleared before any other legal proceedings can commence. Failing to meet this requirement renders all subsequent actions, including negotiations, filings, and potential agreements, invalid. Thus, establishing and meticulously documenting residency is not merely advisable; it is absolutely imperative. Without it, the path to formal separation in South Carolina remains firmly blocked, leaving the parties in legal limbo and delaying any potential resolution.
2. Documenting Separation
The formal act of separation in South Carolina is rarely a spontaneous event. It’s often a decision reached after a period of reflection, negotiation, and ultimately, an agreement to live apart. This agreement, this conscious choice to sever the shared household, forms the basis upon which any subsequent legal proceedings are built. Documenting this critical juncture is not merely a procedural formality; it’s the creation of a historical record, a narrative of the unraveling that will inform every decision that follows.
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Date of Separation: The Cornerstone
The precise date when the separation commenced serves as the foundation of many legal calculations. It impacts the distribution of assets acquired during the marriage, the duration of the separation period required for divorce, and potentially, the determination of spousal support. Imagine a couple where one spouse alleges the separation began earlier than the other claims. This discrepancy can drastically alter the financial landscape of the divorce. Tangible evidence emails, signed agreements, altered living arrangements becomes crucial to establishing this definitive moment. Without a clear and supported separation date, the entire legal process becomes mired in uncertainty.
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Living Arrangements: Mapping the Physical Divide
Where each party resides post-separation is another critical piece of the documentation puzzle. Do both parties remain in the marital home, albeit in separate spaces? Has one spouse moved out entirely? These details offer tangible evidence of the separation’s reality. A signed lease agreement for a new apartment, utility bills in a separate name, or even a change of address notification these seemingly mundane documents paint a clear picture of the physical separation, reinforcing the intention to live apart. A simple statement is insufficient; demonstrable actions speak volumes.
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Financial Independence: Separating the Accounts
The disentangling of financial affairs is a vital aspect of documenting separation. Establishing separate bank accounts, credit cards, and investment accounts signifies a clear intention to manage individual finances independently. This separation is particularly important concerning debts incurred post-separation. If a joint credit card continues to be used by one spouse, the other may remain liable for those debts, blurring the lines of financial responsibility. Documentation of these financial divisions solidifies the argument that the parties are no longer operating as a single economic unit.
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Communication Records: Narrating the Transition
While the content of personal communications is generally considered private, the records of such communication dates, times, and mediums used can provide valuable insight into the nature of the separation. For example, a sudden shift from daily phone calls to infrequent emails might indicate a cooling of the relationship and a move toward greater independence. These records, while not necessarily admissible as evidence of marital misconduct, can help establish the timeline and circumstances surrounding the separation, lending further credence to the documented separation date and the overall narrative of the marital dissolution.
These facets of documentation, individually and collectively, form a compelling narrative of separation. They are not merely bureaucratic exercises; they are the threads that weave together a coherent account of a relationship’s end. When the time comes to navigate the legal complexities of formal separation or divorce in South Carolina, these documented details provide the solid foundation upon which a fair and equitable resolution can be built. The absence of such documentation leaves the parties vulnerable to misinterpretations, disputes, and ultimately, a less favorable outcome.
3. Agreement Negotiation
The path toward formalizing a separation in South Carolina rarely unfolds as a singular, decisive action. Instead, it often begins with tentative conversations, evolving into structured negotiations regarding the practicalities of separate lives. Agreement negotiation forms the crucial bridge between the initial decision to separate and the commencement of legal proceedings. It’s the process of charting a course, outlining the parameters of the new reality, and preempting potential conflicts. Consider a scenario where a couple jointly owns a business; their ability to negotiate a division of responsibilities, assets, and liabilities within that business significantly impacts the feasibility and eventual success of the formal separation. Without a negotiated agreement, the court becomes the arbiter, potentially imposing solutions less palatable to both parties.
The scope of agreement negotiation extends far beyond the division of assets. It encompasses child custody arrangements, visitation schedules, spousal support, and responsibility for debts. The more comprehensive and mutually agreeable the negotiated terms, the smoother the formal separation process tends to be. For instance, a couple who can agree on a detailed parenting plan, outlining holidays, school breaks, and extracurricular activities, minimizes the potential for future disputes and the need for court intervention. Conversely, a failure to reach agreement on these critical issues can lead to protracted legal battles, increased legal fees, and emotional distress for all involved, particularly the children. The practical significance of skilled negotiation lies in its ability to preserve resources, reduce conflict, and foster a more amicable transition.
In essence, agreement negotiation is the cornerstone upon which a successful formal separation is built. It requires open communication, a willingness to compromise, and often, the guidance of legal counsel or mediators. While the allure of a quick and decisive resolution through court intervention may be tempting, the long-term benefits of a well-negotiated agreement far outweigh the perceived advantages of immediate legal action. A proactively negotiated agreement sets the stage for a more controlled and predictable separation process, minimizing the emotional and financial toll on all parties involved, thus solidifying its vital role in navigating the complexities of “how to file separation in sc.”
4. Legal Representation
The decision to navigate a formal separation in South Carolina without legal counsel is akin to embarking on a complex voyage without a seasoned navigator. The waters of family law are often turbulent, filled with hidden reefs and unpredictable currents. While self-representation may appear cost-effective initially, the absence of informed guidance can lead to unforeseen consequences and potentially detrimental outcomes. Consider the case of a couple with significant assets, including real estate and investment portfolios. Without legal representation, one party might inadvertently agree to a settlement that undervalues their share of the marital estate, leading to long-term financial hardship. The cause is a lack of expertise in asset valuation and the effect is a disproportionate distribution. The importance of legal representation lies in its ability to protect individual rights and ensure a fair and equitable resolution.
The practical significance of legal representation extends beyond asset division. Attorneys possess a deep understanding of South Carolina family law, enabling them to advise clients on matters such as child custody, spousal support, and debt allocation. They can identify potential pitfalls and develop strategies to mitigate risks. For example, a parent seeking primary custody of their children needs to present a compelling case demonstrating their ability to provide a stable and nurturing environment. An attorney can help gather evidence, prepare witnesses, and present arguments effectively in court. Furthermore, legal representation provides a buffer between the parties, reducing the emotional strain of direct negotiations. Attorneys can communicate on behalf of their clients, ensuring that discussions remain professional and focused on achieving a mutually agreeable outcome.
In conclusion, while “how to file separation in sc” may appear to be a straightforward process on the surface, the underlying legal complexities often necessitate the guidance of experienced legal counsel. The challenges of navigating family law, protecting individual rights, and ensuring a fair resolution underscore the indispensable role of legal representation. The absence of such representation can have far-reaching consequences, impacting financial security, parental rights, and overall well-being. The connection between legal representation and a successful separation is undeniable, making it a critical consideration for anyone contemplating this significant life transition.
5. Court Filings
The act of formally documenting a separation in South Carolina culminates in the submission of specific documents to the court. These filings aren’t mere formalities; they initiate a legal process, setting in motion a series of events that ultimately determine the legal status of the parties involved. The phrase, “how to file separation in sc,” ultimately directs one’s attention to these essential filings that breathe legal life into the intention to live apart.
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Initial Complaint: The Spark Igniting the Process
The initial complaint, often titled “Complaint for Separate Maintenance and Support,” serves as the formal commencement of the legal separation. This document outlines the basic facts of the marriage, the reasons for the separation, and the relief sought from the court, such as spousal support or child custody arrangements. Imagine a scenario where one spouse is financially dependent on the other; the complaint would detail this dependency and request court-ordered support. Without this initial filing, the court has no jurisdiction to address the couple’s separation or provide any legal remedies. It is the indispensable first step.
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Summons: Informing the Other Party
Alongside the complaint, a summons is issued, officially notifying the other spouse of the legal action. The summons compels the responding party to appear in court or file a response to the complaint within a specified timeframe. Failure to respond can result in a default judgment, granting the initiating spouse the relief requested in the complaint. This ensures that both parties are aware of the legal proceedings and have an opportunity to present their side of the story. Consider a situation where one spouse is unaware that a separation has been formally filed; the summons provides the essential legal notification, safeguarding their right to due process.
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Financial Declarations: Unveiling the Economic Landscape
Both parties are typically required to submit financial declarations, providing a detailed account of their income, assets, debts, and expenses. These declarations form the basis for determining spousal support, child support, and the equitable distribution of marital property. Imagine a couple with complex financial holdings; these declarations provide transparency, allowing the court to accurately assess the financial situation and make informed decisions. Omissions or misrepresentations in these declarations can have serious legal consequences, underscoring the importance of accuracy and completeness.
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Affidavits: Supporting the Claims
Affidavits, sworn statements of fact, are often submitted to support the claims made in the complaint or response. These affidavits can provide additional details, clarify ambiguous information, or present evidence relevant to the case. For example, an affidavit from a therapist might address the emotional well-being of the children, while an affidavit from a financial expert might provide an independent valuation of a marital asset. These sworn statements add weight to the arguments presented and help the court understand the nuances of the case.
In essence, these court filings represent the formal articulation of the separation process. They are the building blocks upon which the legal framework of the separation is constructed. Each document serves a specific purpose, contributing to the overall narrative and ensuring that the rights of both parties are protected. “How to file separation in sc” is therefore intrinsically linked to these court filings, serving as the gateway to the legal recognition of separate lives.
6. Financial Disclosure
In the intricate dance of legal separation within South Carolina, the seemingly simple act of “how to file separation in sc” belies a labyrinth of financial considerations. At its core lies Financial Disclosure – the mandatory unveiling of one’s economic life. This process, often perceived as intrusive, forms the bedrock upon which equitable decisions regarding support, property division, and the overall financial future of both parties are made. Failure to fully and honestly engage in financial disclosure can unravel the entire process, leading to accusations of fraud, legal sanctions, and a protracted, emotionally charged battle.
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Identifying All Assets: The Hunt for Hidden Treasure
The journey begins with a comprehensive cataloging of all assets, both tangible and intangible. This includes real estate, bank accounts, investment portfolios, retirement funds, business interests, and even seemingly minor possessions. Imagine a couple where one spouse secretly transferred funds to an offshore account years before the separation. The failure to disclose this asset could have significant legal consequences, potentially leading to the forfeiture of the asset and even criminal charges. The principle emphasizes transparency; it is about presenting an accurate snapshot of the marital estate to ensure a fair distribution.
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Valuation of Assets: Assigning Monetary Worth
Once the assets are identified, the next step involves determining their monetary value. This process often requires the expertise of appraisers, accountants, and other financial professionals. Consider a situation where a couple owns a small business. Determining the fair market value of that business can be a complex undertaking, requiring a detailed analysis of its financial records, market position, and future earning potential. Disagreements over asset valuation are common and can lead to contentious legal battles. Accurate valuation is thus the bridge to determining the equitable division of assets, particularly in the context of “how to file separation in sc.”
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Disclosure of Liabilities: Unveiling the Debt Burden
Equally important as the disclosure of assets is the disclosure of liabilities, including mortgages, credit card debt, loans, and other financial obligations. A complete picture of the couple’s financial situation requires a clear understanding of both their assets and their debts. Imagine a couple struggling with significant credit card debt accumulated during the marriage. The responsibility for repaying that debt must be addressed during the separation process. Hiding debt, like hiding assets, can have severe legal repercussions, potentially invalidating the entire separation agreement.
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Income Documentation: Establishing Earning Capacity
Financial disclosure also includes providing documentation of income, such as pay stubs, tax returns, and profit and loss statements for self-employed individuals. This information is used to determine spousal support and child support obligations. Consider a scenario where one spouse is a high-earning executive and the other is a stay-at-home parent. The income documentation will play a crucial role in determining the appropriate level of spousal support to ensure that the lower-earning spouse can maintain a reasonable standard of living after the separation. Accurate income disclosure is therefore the keystone to building a fair framework for support calculations and financial independence.
These facets of financial disclosure are woven into the fabric of “how to file separation in sc,” not as mere procedural hoops to jump through, but as essential components for achieving a just and equitable outcome. The failure to engage fully and honestly in this process can undermine the entire legal framework, leading to protracted litigation, increased legal fees, and a prolonged period of emotional distress. The journey of “how to file separation in sc” therefore necessitates a meticulous and transparent approach to financial disclosure, ensuring that the separation is not only legally sound but also morally just.
7. Potential Mediation
The legal pathway described by “how to file separation in sc” often conjures images of courtroom battles, adversarial attorneys, and a protracted, costly struggle. However, nestled within this framework lies an alternative: potential mediation. This process offers a stark contrast to the traditional litigation model, presenting an opportunity for parties to collaboratively craft their own resolution, guided by a neutral third party. Consider the case of a couple, entrenched in disagreement over child custody arrangements. Litigation threatens to escalate the conflict, subjecting the children to increased stress and uncertainty. Mediation, however, offers a structured environment for the parents to communicate directly, explore their individual needs and concerns, and ultimately, develop a parenting plan that prioritizes the children’s well-being. The practical effect is a shift from adversarial posturing to cooperative problem-solving, ultimately minimizing the emotional and financial toll of the separation.
The effectiveness of potential mediation hinges on several factors. Both parties must be willing to engage in good faith, demonstrating a commitment to finding common ground. The mediator’s skill and experience are also critical. A skilled mediator can facilitate productive discussions, identify areas of compromise, and help the parties overcome impasses. However, mediation is not a panacea. In cases involving domestic violence, substance abuse, or significant power imbalances, mediation may not be appropriate. The decision to pursue mediation should be made carefully, in consultation with legal counsel, to ensure that both parties are protected and that a fair and equitable outcome is achieved. If mediation proves unsuccessful, the parties retain the right to pursue litigation, but the attempt at collaborative resolution can often lay the groundwork for a more streamlined and less acrimonious legal process.
In essence, potential mediation serves as a critical pressure valve within the legal framework of “how to file separation in sc.” It provides an avenue for parties to control the narrative of their separation, to preserve relationships where possible, and to minimize the negative impact on themselves and their families. The challenges lie in ensuring that mediation is entered into voluntarily, that both parties are adequately informed and represented, and that the process is conducted fairly and ethically. However, when these conditions are met, mediation can offer a significantly more humane and constructive approach to navigating the complexities of separation, ultimately leading to a more sustainable and mutually acceptable outcome.
8. Impact on Divorce
The pursuit of formal separation, encapsulated in the phrase “how to file separation in sc,” is not an isolated event but rather a chapter in a potentially longer narrative. The decisions made and actions taken during separation cast a long shadow, profoundly influencing subsequent divorce proceedings, if those proceedings become necessary. Consider the case of Sarah and John, who initially sought separation to reconcile. Their separation agreement, meticulously detailing asset division and support obligations during that period, later became the blueprint for their divorce settlement when reconciliation proved impossible. Their experience underscores a critical reality: what is agreed upon, documented, and legally established during separation carries significant weight in divorce.
The impact extends beyond mere financial considerations. The grounds for divorce, particularly in states where fault-based divorce still exists, can be shaped by events occurring during the separation period. Allegations of adultery, abandonment, or abuse, even if not the primary reason for separation, can surface during divorce proceedings, impacting custody arrangements, property division, and spousal support awards. Furthermore, the length of the separation itself can be a crucial factor. In South Carolina, a period of one year of continuous separation is required for a no-fault divorce. Thus, a poorly documented or contested separation period can delay or complicate the divorce process considerably, as the necessary duration might be challenged.
Therefore, “how to file separation in sc” should not be approached as a temporary measure, devoid of long-term implications. It is a foundational step, laying the groundwork for potential future legal actions. Understanding the cause-and-effect relationship between separation and divorce is crucial. Every decision, every agreement, and every legal filing during separation has the potential to significantly impact the outcome of a subsequent divorce. This recognition necessitates a thoughtful, strategic approach to separation, ensuring that it is conducted in a manner that protects one’s legal rights and positions oneself favorably for the future, regardless of whether that future involves reconciliation or divorce.
Frequently Asked Questions
The journey of separation often prompts a torrent of questions. The legal landscape, fraught with complexities, demands clarity. What follows are answers to some of the most frequently encountered inquiries surrounding “how to file separation in sc,” presented with the gravity and seriousness they warrant.
Question 1: Is formal separation legally required before filing for divorce in South Carolina?
No, a formal legal separation is not a prerequisite for divorce in South Carolina. The state recognizes no-fault divorce based on one year of continuous separation. However, a formally established separation can serve as documentation of that separation period, potentially streamlining divorce proceedings later. The absence of formal separation does not preclude divorce; it simply means that the one-year separation period must be proven independently.
Question 2: What are the key differences between legal separation and divorce in South Carolina?
Legal separation acknowledges that parties are living apart but preserves the marital bond. Divorce, on the other hand, dissolves the marriage entirely, restoring both parties to single status. Separation provides a legal framework for addressing financial support, child custody, and property division while the marriage remains intact. Divorce permanently severs the marital relationship, requiring a comprehensive and final resolution of all outstanding issues.
Question 3: Does a legal separation agreement automatically become the divorce settlement in South Carolina?
Not automatically. A separation agreement can serve as a foundation for a divorce settlement agreement. However, a divorce court retains the authority to review and modify the terms of the separation agreement to ensure fairness and equity at the time of the divorce. Changes in circumstances, such as income or health, may warrant modifications to the original agreement.
Question 4: Can one spouse prevent a legal separation from occurring in South Carolina?
No, one spouse cannot unilaterally prevent a legal separation. If one party desires a separation and meets the residency requirements, a court can grant a decree of separate maintenance and support, even if the other party objects. The court’s focus is on establishing a fair arrangement for support, custody, and property management during the separation, not on forcing the parties to reconcile.
Question 5: What factors do South Carolina courts consider when determining spousal support during a legal separation?
South Carolina courts consider a multitude of factors, including the earning capacity of each spouse, the length of the marriage, the contributions each spouse made to the marriage, the standard of living established during the marriage, and any marital misconduct. The overarching goal is to ensure that the dependent spouse receives sufficient support to maintain a reasonable standard of living during the separation period.
Question 6: How does marital misconduct during the separation period affect a subsequent divorce case in South Carolina?
Marital misconduct, such as adultery or abuse, committed during the separation period can significantly impact a subsequent divorce case. It can influence decisions regarding spousal support, property division, and child custody arrangements. Evidence of such misconduct may be presented to the court to demonstrate a party’s unsuitability as a custodial parent or to justify a larger share of the marital estate for the wronged spouse.
Navigating the legal landscape of “how to file separation in sc” demands meticulous attention to detail and a thorough understanding of one’s rights and obligations. The answers provided above offer a starting point, but consulting with a qualified attorney is essential to ensure that individual circumstances are properly addressed and that informed decisions are made throughout the process.
This understanding sets the stage for successfully navigating the legal intricacies involved.
Navigating Separation in South Carolina
The path detailed by “how to file separation in sc” is often fraught with emotional turmoil and legal complexities. It is not merely a procedural exercise but a significant life transition demanding foresight and meticulous planning. The following tips, gleaned from the experiences of others who have walked this path, offer guidance to navigate the challenges ahead.
Tip 1: Prioritize Documentation: Create a Comprehensive Record.
Imagine the courtroom scene: a contested separation date hangs in the balance, influencing asset division and support obligations. Lacking documented proof, assertions are met with skepticism. Conversely, meticulously maintained records – emails, financial statements, residential agreements – solidify claims. Establish a system for preserving all relevant documentation from the outset, treating each piece of paper as a potential exhibit in a future legal battle.
Tip 2: Seek Legal Counsel Early: Don’t Navigate Alone.
Consider the analogy of a sailor charting unfamiliar waters. A seasoned navigator, possessing knowledge of treacherous currents and hidden reefs, guides the ship safely to port. Similarly, an experienced attorney, well-versed in South Carolina family law, provides invaluable guidance throughout the separation process. Engage legal counsel early, not as a sign of aggression, but as an essential safeguard to protect one’s rights and interests. A delay may result in agreeing to terms that are less favourable later.
Tip 3: Approach Negotiations Strategically: View it as a Business Deal.
Imagine a tense negotiation, emotions running high, fueled by anger and resentment. Such an environment rarely produces a favorable outcome. Detach emotionally from the process, viewing negotiations as a business transaction. Focus on objective factors, such as asset valuation and income disparities, and approach discussions with a clear understanding of one’s priorities and bottom lines. Remember, the goal is to achieve a fair and equitable resolution, not to punish the other party.
Tip 4: Protect Financial Interests: Act Decisively.
Visualize a scenario where one spouse recklessly dissipates marital assets during the separation period, jeopardizing the financial future of the other. Act decisively to protect one’s financial interests. Establish separate bank accounts, close joint credit cards, and seek legal remedies to prevent the depletion of marital assets. Proactive measures safeguard one’s financial security, preventing irreparable harm.
Tip 5: Prioritize Children’s Well-being: Shield Them from Conflict.
Envision children caught in the crossfire of parental conflict, their emotional well-being suffering irreparable damage. Shield children from the acrimony of the separation. Refrain from discussing legal matters in their presence, avoid using them as messengers, and prioritize their emotional needs above all else. Remember, while the marital relationship may be ending, the parental relationship endures.
Tip 6: Transparency in Disclosure: Honesty will be Recognized.
The illusion of concealed assets or hidden income shatters under legal scrutiny, often resulting in penalties and damaged credibility. Uphold transparency in all financial disclosures. Accurate representation fosters trust, preventing challenges and leading to swifter resolution. Dishonesty might invite higher scrutiny and suspicion.
Tip 7: Consider Mediation: Explore Collaborative Resolution.
Mediation is not necessarily a sign of weakness, but a demonstration of proactive, co-operative action towards resolution. It allows the parties to control the outcome as compared to having a Court decide.
These tips offer a roadmap for navigating the complex terrain of separation in South Carolina. By prioritizing documentation, seeking legal counsel, approaching negotiations strategically, protecting financial interests, and prioritizing children’s well-being, one can navigate this challenging transition with greater confidence and achieve a more favorable outcome.
Remember, the path described by “how to file separation in sc” is not an end but a beginning. By approaching it with diligence, foresight, and a commitment to ethical conduct, one can emerge from this experience stronger and more resilient.
Concluding the Chapter
The preceding exploration has illuminated the intricate landscape of “how to file separation in sc,” revealing it as more than a simple legal procedure. It is a complex process, demanding meticulous attention to detail, a thorough understanding of legal rights and obligations, and a profound awareness of the emotional toll it can exact. From establishing residency to meticulously documenting assets, from navigating financial disclosures to considering the potential impact on future divorce proceedings, each step carries weight and demands careful consideration. It’s a journey, not merely a form to be completed.
As the chapter of separation closes, consider the knowledge imparted as a compass and a map. The path ahead may still be challenging, but with informed decisions, ethical conduct, and a commitment to protecting one’s interests and those of any children involved, a fair and equitable resolution can be achieved. The journey of separation is not an end, but a transition. May this understanding provide strength and clarity as one navigates this pivotal moment, laying the groundwork for a more stable and fulfilling future. Reflect on these points before taking action, and be sure that any action taken is as considered and reasonable as is possible under such difficult circumstances.
