Navigating through a divorce in South Carolina is different than in other states. While many people hope to move forward with their lives and finalize their separation as quickly as possible, there is a waiting period for divorce as stipulated by the law. The length of the divorce waiting period in South Carolina varies depending on whether the divorce is classified as fault or no-fault.
In the case of fault-based divorces, there is a 90-day waiting period before a final trial. This kind of divorce applies to circumstances involving behavior such as adultery or physical abuse. A judge can use the fault in several processes, including dividing up properties and granting alimony.
For no-fault divorces, there is a one-year waiting period before the final trial. Neither spouse is responsible for presenting or proving instances of marital misconduct. In a no-fault divorce, a couple typically notes irreconcilable differences or an irretrievable breakdown of the marriage as the primary reason for the separation.
Contested vs. Uncontested Divorce
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Divorces are differentiated by whether they are contested or uncontested.
Contested Divorce
A contested divorce occurs when a couple does not agree on all the aspects of the separation. It has different requirements than an uncontested divorce and may require mediation or litigation for the two spouses to reach a mutual agreement and resolve important issues.
The legal proceedings for contested divorce usually take longer than an uncontested one because there is a trial with a judge. In the trial, the court examines the evidence in the divorce hearing and calls witnesses. The speed and ease of the process depends on how amicable the spouses are regarding coming to an agreement and resolving disputes.
When filing for divorce in South Carolina, a judge can grant you a contested or fault-based divorce if your spouse is guilty of one or more of the grounds for separation.
Uncontested Divorce
In an uncontested divorce in South Carolina , both spouses agree on all the issues necessary to end the marriage. Also called a simple divorce, the separation does not require a trial and the process is usually faster. The requirements for an uncontested divorce in South Carolina include:
- Residential status: Before filing for divorce, both spouses must have lived in South Carolina for at least one year, or both currently reside in South Carolina and have for at least three months.
- No-fault divorce: The spouses are filing for a no-fault divorce, noting that they’ve been living separately for at least one year without residing together at any point.
- Property or debt: The couple shares no marital property or debt, or the couple has already agreed on how to divide property or debt.
- Parental statuses: There are no shared children, and neither spouse is pregnant. If the couple shares a minor child, they must agree on custody , visitation and support that meets the minimum requirements in South Carolina.
What Are the Grounds for Divorce in SC?
When getting a divorce in South Carolina , there are certain requirements that your marriage must meet before a judge can grant you and your spouse the separation. These grounds can affect other aspects of the divorce, from child custody to the division of property, plus you will need to provide evidence for each. Here are the five grounds for divorce in South Carolina:
Living Separately
The most common ground for divorce is living separately. According to South Carolina laws, the spouses must continuously be living separately for 365 days. If the concerned parties reconcile, even for a single night, the 365-day count will restart, and you will have to wait another full year before the state grants you a divorce.
Habitual Drunkenness
If one of the spouses engages in habitual drinking , which creates a breakdown in the relationship, this is an accepted ground for divorce in South Carolina. A spouse must prove habitual drunkenness through one of the following:
- Rehabilitation treatments
- One or more DUIs
- Evidence of alcohol abuse
- Testimony from family members with personal knowledge
Desertion
This involves one spouse deserting or abandoning the other. In this case, one of the spouses has no idea how to reach the other or does not know the other spouse’s location. An example of desertion may include a spouse changing their phone number and moving to an unknown city.
Physical Cruelty
In the case of physical cruelty, the spouse will exhibit a history of abuse that has influenced the breakdown of the marriage. It is different from emotional abuse. A person can prove physical cruelty through any police reports or hospital records that have resulted from the abuse.
Adultery
Adultery is a common but sometimes complicated reason for couples to separate and file for divorce. In South Carolina, a person proves adultery through both opportunity and inclination for extramarital affairs .
Because proving adultery can be complex, working with an experienced Charleston divorce lawyer can help you better understand and navigate the process.
How Fast Can You Get a Divorce in South Carolina?
The process of filing for divorce in South Carolina generally follows a series of steps. Each step can affect the timeline of the divorce proceedings and change the course of your case. Depending on this process, finalizing a separation can take a few months to over a year . The typical divorce process in South Carolina is as follows:
- Filing for divorce: In South Carolina, divorces begin when a spouse files a summons and complaint for divorce. Before being served to the other spouse, an attorney sends the paperwork to the family court clerk. Once the other spouse receives the papers, they have 30 days to offer a counterclaim. If they choose to assert a counterclaim, there is an additional 30-day period for the filing spouse to respond.
- Identifying grounds for the divorce: Divorces in South Carolina fit into two categories — fault and no-fault. In a fault divorce, there is a 90-day waiting period after filing, and certain grounds for divorce must be met. For no-fault divorces, the spouses must be living separately for at least one year, and require a 365-day waiting period after filing.
- Understanding uncontested versus contested: A divorce proceeding’s pace largely depends on whether the separation is uncontested or contested. Uncontested or simple divorces typically move quicker through the system. In South Carolina, contested divorces are more complicated and usually take longer. For example, if the couple disputes the separation of assets or child support, the process takes more time.
- Joining the family court docket in your county: The speed of your family court docket depends on the caseload in your specific county. Some counties work and move cases through the processing faster.
- Handling the divorce: How each spouse and their attorneys handle the divorce proceedings will impact the speed of the case. Amicability and coming to agreements can be especially time-consuming in contested divorces.
Contact Lauren Taylor Law for SC Divorce Services
Understanding divorce in South Carolina is easier with an experienced attorney on your side. If you’re in the Charleston or Greenville areas and looking to take the next step in your divorce, Lauren Taylor Law is here for you. We will walk you through the process and answer any of your questions along the way. Lauren Taylor Law has the experience and expertise to help with any kind of divorce. We provide proper counsel and support to help you navigate through all divorce proceedings.
Count on us to craft a strategy tailored to your case’s needs. Contact Lauren Taylor Law today to schedule a consultation. You can also call our office at 843-790-9009 .
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.