By: Law Office of Rhett Burney September 10, 2017

How Long Does It Take To Get a Divorce in South Carolina?

Understanding Divorce Grounds in South Carolina Timelines: Fault vs. No-Fault

How Long Does It Take to Get a Divorce in SC?

The timeline for finalizing a divorce in South Carolina depends largely on whether the divorce is fault-based or no-fault, as well as whether it is contested or uncontested. Fault-based divorces, which include grounds such as adultery, physical abuse, desertion, and habitual drunkenness, can be filed after the issue arises and typically require a minimum waiting period of 90 days before a final hearing. No-fault divorces require that the spouses live separately for at least one year before filing.

An uncontested divorce, where both spouses agree on all issues including child custody, property division, and support, tends to be faster and simpler, often finalized within a few months after the waiting period.

Contested divorces, involving disputes over custody, support, or property, generally take longer due to the need for negotiations, mediation, or court trials. Additionally, the family court docket and availability of resident family court judges can influence how quickly a case proceeds.

Overall, while the legal minimum waiting periods set the earliest possible dates for filing or hearings, the actual divorce process can vary widely based on the complexity of the case, cooperation between the spouses, and court scheduling.

Consulting with an experienced family law attorney can help you understand your specific situation and guide you through the process efficiently.

UNDERSTANDING DIVORCE GROUNDS IN SOUTH CAROLINA TIMELINES: FAULT VS. NO-FAULT

In South Carolina, you have two primary options when filing for divorce: you can either file for a divorce based on a “fault ground” or a “no-fault ground.” Each of these options has specific legal requirements and timelines, and it’s important to understand the differences so you can make an informed decision about how to proceed with your divorce.

FAULT GROUNDS FOR DIVORCE IN SOUTH CAROLINA

If you choose to file for divorce based on a fault ground, the process can be initiated sooner than a no-fault divorce. South Carolina law recognizes the following fault grounds for divorce:

Adultery: If one spouse has been unfaithful during the marriage, the other spouse may file for divorce on the grounds of adultery.
Physical Cruelty: If one spouse has inflicted physical harm or has treated the other spouse in an abusive manner, it may be grounds for divorce.
Desertion/Abandonment: If one spouse has willfully abandoned the other for a period of at least one year, the abandoned spouse can file for divorce.
Habitual Drunkenness: A spouse’s persistent alcohol or drug abuse can also be grounds for divorce, provided the issue has existed for a significant amount of time.

TIMELINE FOR DIVORCE BASED ON FAULT GROUNDS

If you are filing for divorce under one of the fault grounds mentioned above, you can typically file for divorce 90 days after the Summons and Complaint are filed with the court. This shorter time frame allows you to move forward more quickly compared to a no-fault divorce.

However, the 90-day period does not mean that your divorce will automatically be granted once that time has passed. You will still need to attend a court hearing, present evidence, and prove your case to the judge.

NO-FAULT DIVORCE IN SOUTH CAROLINA

For couples who do not want to pursue a fault-based divorce, South Carolina offers a no-fault divorce option. To file for a no-fault divorce, you must meet the following condition:

Separation for One Year: You and your spouse must have lived separately for at least one year before you can file for divorce. During this time, there should be no attempts at reconciliation.

Additionally, abandonment cases fall under the same one-year separation rule. If one spouse has left the marital home with no intention to return, and no attempts at reconciliation have been made during this time, a divorce can be filed on these grounds.

TIMELINE FOR NO-FAULT DIVORCE IN SOUTH CAROLINA

While a no-fault divorce may seem like a straightforward option, it requires a mandatory one-year separation period before the divorce can proceed. Once the separation period has been completed, you may file for divorce. However, it’s important to understand that the court process does not automatically guarantee a fast resolution. You will still need to attend a court hearing and complete the necessary paperwork to finalize your divorce.

THINGS TO KEEP IN MIND

While South Carolina law allows you to file for divorce under fault grounds in as little as 90 days, the divorce is not automatically granted after this period. Here are a few important things to keep in mind when filing for divorce in South Carolina:

Court Hearings: You must appear in court and present evidence to prove your case, whether you’re filing for divorce based on fault or no-fault grounds.
Delays: Even after the required waiting periods (90 days for fault grounds or one year for no-fault grounds), delays can still occur due to court scheduling or the complexity of the case, such as custody issues or the division of assets.
Complex Cases: If your divorce involves property division, child custody, or alimony, the process may take longer, as these issues can be more complicated and may require additional hearings and negotiations.

DIVORCE CASE TIMELINE AND FACTORS TO CONSIDER

To get a clearer idea of how long your divorce case will take, it’s essential to account for several factors, including:

Court Scheduling: The availability of court dates may vary based on your location and the court’s schedule. This can influence how long it takes to finalize your divorce. In some counties like Charleston, North Charleston, James Island, Folly Beach, and West Ashley, the family court docket may be busier, which can lead to longer waiting times for hearings. Other counties may have fewer cases, allowing for quicker scheduling.
Complexity of the Case: If the divorce involves contentious issues like property division, spousal support, or custody arrangements, the process may take longer than a straightforward divorce. Contested divorce cases often require more time because of the need for discovery, mediation, and sometimes alternative dispute resolution to resolve disputes. When spouses fight over marital property, child support, or parenting plans, the unfortunate truth is that the process can be prolonged, adding stress and expense.
Negotiations: If your divorce is contested, the time it takes to negotiate a settlement or go to trial can significantly impact the timeline. The willingness of the divorcing couple to cooperate and work toward a settlement agreement can shorten the process. However, if one spouse asserts unreasonable demands or disputes all the details, the case may drag on. Lawyers handling the case play a crucial role in facilitating negotiations or preparing for trial if agreements cannot be reached.
Legal Representation: Having an experienced attorney or legal counsel can make a significant difference in how smoothly your divorce proceeds. An attorney familiar with family law and local court procedures can help you understand the process, prepare necessary divorce papers, and advocate effectively for your interests. They can also advise on alternative dispute resolution options to avoid lengthy court battles.
Type of Divorce: Whether your divorce is uncontested or contested affects the timeline. Uncontested or simple divorces, where two spouses agree on all issues including child custody, co-parenting arrangements, and support, can often be finalized within a few weeks to a few months after the waiting period. Contested divorces, on the other hand, may require multiple hearings and a final trial, which can extend the timeline significantly.
Waiting Periods: South Carolina law mandates specific waiting periods based on grounds for divorce. For fault-based divorces, a 90-day waiting period applies before a final hearing date can be set. For no-fault divorces, spouses must live separately for one year before filing. These waiting periods are minimums; actual cases often take longer due to the factors above.

While you may be eligible to file for divorce in 90 days or after one year, the actual process can take longer. It’s crucial to understand these factors so you can prepare accordingly and set realistic expectations for the timeline of your divorce.

GET THE SC DIVORCE GUIDANCE YOU NEED

To ensure that you are fully prepared for the divorce process and to understand how long your case may take, I encourage you to schedule a consultation. By meeting with me, you can receive personalized legal advice based on your unique situation.

Whether you are pursuing a fault-based or no-fault divorce, having a clear understanding of the process and timeline is vital to making the best decisions for your future. Let me guide you through this challenging time with professional advice and support.

In addition to providing legal representation, I can help you navigate the complexities of the family court docket, assist in preparing and filing all necessary divorce papers, and advocate for your interests in negotiations or court hearings.

Understanding the potential future consequences of decisions made during your divorce is essential, and I am here to help you consider all aspects, from child custody and support to property division and spousal support.

Scheduling a consultation early in the process can also help identify opportunities for alternative dispute resolution, such as mediation or collaborative divorce, which may speed up the resolution and reduce stress for both parties. With an experienced family law attorney by your side, you can approach your divorce with confidence, knowing that your rights and interests are being protected every step of the way.