[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-do-you-have-to-be-separated-in-south-carolina-to-get-a-divorce\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/how-long-do-you-have-to-be-separated-in-south-carolina-to-get-a-divorce\/","headline":"How Long Do You Have to Be Separated in South Carolina to Get a Divorce?","name":"How Long Do You Have to Be Separated in South Carolina to Get a Divorce?","description":"If you plan to file for a no-fault divorce in South Carolina, you and your spouse must live separately for a continuous period of at least one year. This period of separation begins as soon as you consciously decide to reside separately. No couple who marries ever expects...","datePublished":"2024-07-07","dateModified":"2026-05-27","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/#Person","name":"Jim Tucker","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/holding-wedding-ring.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/holding-wedding-ring.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/how-long-do-you-have-to-be-separated-in-south-carolina-to-get-a-divorce\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0","name":"South Carolina Divorce Law - McKinney, Tucker & Lemel LLC.","description":"For more information, please visit: https:\/\/www.mtllawfirm.com\/family-lawyers\/divorce\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/default.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/maxresdefault.jpg"],"uploadDate":"2024-06-05T17:29:51+00:00","duration":"PT2M38S","embedUrl":"https:\/\/www.youtube.com\/embed\/-ZYC1ZcXip0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":55}]]},"about":["Divorce","Family Law"],"wordCount":1068,"articleBody":"If you plan to file for a no-fault divorce in South Carolina, you and your spouse must live separately for a continuous period of at least one year. This period of separation begins as soon as you consciously decide to reside separately.No couple who marries ever expects they\u2019ll one day get divorced. However, marriages sometimes reach the point of no return, and divorce is the only option that makes sense.Filing for divorce is a huge decision that can alter the course of your life. No matter your circumstances, it\u2019s always best to work with an experienced family law attorney who can help you seek the best possible outcome.At McKinney, Tucker & Lemel LLC, our\u00a0South Carolina divorce lawyers\u00a0are equipped to handle the difficult and time-consuming aspects of your claim so you can stay focused on starting fresh. Contact us today to learn more about how we can help in a confidential case review.What Is the Divorce Process in South Carolina?To initiate the process of divorce in South Carolina, one spouse usually files the initial paperwork with the family court and then allows time for the other spouse to respond.The spouse who begins the process does so by filing a\u00a0complaint for divorce, which must include details about their state of residence, marriage, separation, children, debts, and assets. Afterward, a process server typically delivers the complaint to the other spouse along with a summons, which informs them of their obligation to respond to the complaint.The spouse who receives the complaint must file an answer to the complaint for divorce within 30 days. When they file their answer, they\u2019ll have the opportunity to note any complaints of their own or defenses against the original complaint.If each spouse can agree on a divorce settlement, they can sign a settlement agreement that legally divides their assets and liabilities. Otherwise, it may be necessary to go to divorce court to resolve outstanding differences.What Are the Grounds for Divorce?South Carolina recognizes both no-fault and at-fault grounds for divorce. For a fault-based divorce, one spouse must show evidence that one or more of the following applies to the other spouse:Adultery\u00a0\u2013 The definition of adultery is intimate or sexual activity between a married person and someone other than their married partnerHabitual drunkenness or drug use \u2013\u00a0Frequent and repeated intoxication by excessive consumption of alcohol or drugsPhysical cruelty \u2013\u00a0Physical violence or treatment by one spouse that endangers the life, limb, or health of the other spouseDesertion \u2013\u00a0Voluntary abandonment of the other spouse without their consentFor a South Carolina fault divorce, you may obtain a divorce within as little as 90 days of filing if you meet the burden of proof and resolve all issues related to the case.For a no-fault divorce in South Carolina, it\u2019s not necessary to prove that your spouse was guilty of any wrongdoing. Spouses are simply required to live separately for a specific time to qualify.What is a Contested Versus an Uncontested Divorce in South Carolina?A final divorce is granted in South Carolina only when all issues related to\u00a0child support, visitation,\u00a0child custody,\u00a0alimony, and\u00a0division\u00a0of debts and assets are fully resolved. Some spouses resolve all potential issues ahead of time by communicating with each other directly or through an attorney.When spouses can come to an independent settlement agreement and do not require mediation by third parties, it\u2019s called an uncontested divorce. Uncontested divorces typically take less time and cost significantly less. The assistance of a mediator may help resolve any issues and reach an agreement.If you and your spouse can\u2019t agree, you may have a contested divorce. If so, you\u2019ll need to bring your case to court. After a Family Court judge hears both sides of the case, they will make their final ruling based on what they believe is fair to you, your spouse, and any minor children you have together.How Long Do You Have to Be Separated?It\u2019s also important to understand that you are still legally married to your spouse while you are separated. This can have certain financial or personal benefits, but it also means you can\u2019t legally begin a new relationship. If you do, your spouse could have grounds for a fault divorce based on adultery.Uncontested divorces in South Carolina are often based on no-fault grounds,\u00a0which require the spouses to live apart from each other for at least one year.Keep in mind that remaining in separate rooms within the same house is still considered cohabitation for legal purposes. If you begin living with your spouse again at any point during the year-long separation, the court may have grounds to deny your divorce claim.\ufeffWhen Should You Seek Legal Help for Your Divorce?When you reach your limit and decide it\u2019s time to file for divorce, it can be tempting to rush through the process just to get it over with. However, it\u2019s essential to keep in mind that the actions you take now may have long-term consequences for your family, your finances, and your future.An experienced\u00a0family law attorney\u00a0can help you learn more about your legal options and get things right the first time.You should seek legal help for your South Carolina divorce if:You aren\u2019t sure you understand your legal rights or the options available to you.You don\u2019t have the time or resources to research your case, manage mountains of paperwork, or navigate the Family Court system on your own.You have minor children, extensive assets, or complicated finances.You or your spouse plan to request financial support after the divorce.There are grounds for a fault-based divorce.Your spouse becomes overwhelmingly emotional, refuses to agree to the divorce, or contests the terms of the divorce for any reason.Your spouse hires their own divorce attorney.The South Carolina family law attorneys of\u00a0McKinney, Tucker & Lemel LLC\u00a0have years of experience handling sensitive and complex divorce issues. We know these cases are personal, and the stakes are high.Our compassionate attorneys are ready to advocate fiercely on your behalf and help you negotiate any confusing legal issues as they arise. Contact us today to discuss the details of your South Carolina divorce case in a consultation.Visit Our South Carolina Divorce Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Long Do You Have to Be Separated in South Carolina to Get a Divorce?","item":"https:\/\/www.mtllawfirm.com\/blog\/how-long-do-you-have-to-be-separated-in-south-carolina-to-get-a-divorce\/#breadcrumbitem"}]}]