In most states, the mandatory waiting period for a divorce begins after you file. South Carolina does things differently: for the standard divorce path, the waiting period must be completed before you can file. Understanding this distinction early helps clarify your timeline and prevents confusion as you move forward. Please continue reading as we explore the factors that can influence how long a divorce takes in South Carolina and how a determined Chesterfield Divorce Lawyer can help you navigate these difficult times.
Do You Meet South Carolina’s Residency Requirements?
Before the state can grant a divorce, you must satisfy specific residency requirements:
- If both parties currently reside in South Carolina, the filing spouse must have resided in the state for at least 3 months before filing the petition.
- If only one party resides in South Carolina, that party must have resided in the state for at least 1 year before filing the petition.
Since these requirements must be certified at the time of filing, initiating the process too early can result in your case being dismissed.
Is There a Separation Rule?
Under S.C. Code § 20-3-10, you must live apart for one continuous year before you can file for a no-fault divorce. Unlike many other states, this entire year must pass before you are eligible to file any paperwork.
Keep in mind that South Carolina courts strictly interpret “separate and apart.” Living in different bedrooms while sharing a home is not enough. Typically, you must reside in separate locations for the full year. Furthermore, any attempt at reconciliation or living together, even briefly, will reset your 365-day clock to zero.
Can Fault-Based Grounds Accelerate Your Divorce?
South Carolina allows for fault-based divorce on the grounds of adultery, habitual substance abuse, or desertion. While filing on these grounds waives the one-year separation requirement, the misconduct must be substantiated with evidence or witness testimony. This requirement can significantly increase the complexity of a case, particularly if the allegations are disputed.
What Happens After You File?
After you’ve filed your divorce petition, the court imposes a 90-day waiting period before a final divorce decree can be entered. The Family Court cannot schedule a hearing until 60 days after filing. Furthermore, divorces filed on the one-year separation ground are exempt from this additional 90-day waiting period, since these parties already completed a full year of separation before filing.
How Long Does an Uncontested No-Fault Divorce Usually Take?
The duration of an uncontested no-fault divorce is roughly 15 months from separation: 12 months for separation plus 3 to 5 months for legal proceedings and scheduling. The post-filing phase generally moves efficiently for uncontested cases.
How Long Does a Fault-Based Divorce Take?
By waiving the 12-month separation rule, this process moves faster. Finalization normally takes 90 to 120 days post-filing, following the mandatory 90-day waiting period.
How Long Does a Contested Divorce Take?
When it comes to contested divorces, the timeline ranges from 12 to 36 months, influenced by factors like custody disputes, significant assets, or business valuations. South Carolina requires a final court appearance for all divorcing spouses, regardless of case complexity.
If you’re considering dissolving your marriage in South Carolina, it’s in your best interest to contact the Cockrell Law Firm, P.C. to learn more about the divorce process and how we can help guide you through yours.