In South Carolina, a couple typically must be separated for at least one year before they can file for divorce. However, there are some exceptions, including excessive drug or alcohol use, cruelty, abandonment, and infidelity, that provide grounds to seek divorce more quickly.
Protecting your future requires understanding the legal requirements for filing for divorce, the factors that affect the waiting period, and how an experienced divorce lawyer can assist you. It’s essential to consult with a knowledgeable divorce attorney for legal guidance.
What Is the Difference Between a Contested Divorce and an Uncontested Divorce?
One of the most basic distinctions in South Carolina divorce law is whether the divorce is contested or uncontested.
The differences between these two distinctions are as follows:
- Uncontested divorce – When the spouses agree on all major terms of divorce, the divorce is considered uncontested. Major terms include marital assets, property division, alimony, debt division, child custody, and child support. These types of divorce can be faster, less emotionally draining, and more cost-effective.
- Contested divorce – If the spouses can’t agree on one or more major terms, the divorce is considered contested. These cases require negotiation or mediation. If the spouses cannot reach an agreement on the terms of divorce, the court may have to impose a decision. Contested divorces are often more time-consuming, costly, and emotionally charged.
What Is the Waiting Period for a Contested Divorce in South Carolina?
In South Carolina, the waiting period for a contested divorce depends on the grounds on which the divorce is filed.
When the divorce is based on grounds such as physical abuse, excessive drug or alcohol use, or infidelity, it is considered a fault-based divorce. South Carolina law significantly reduces the waiting period for fault-based divorces. Rather than waiting a year, a person can initiate divorce proceedings immediately in these situations. There’s a 90-day period after filing before you can schedule a hearing.
While the waiting period for fault-based divorce is shortened, the actual divorce proceedings often take longer than with no-fault divorce. A fault-based divorce will likely be contested. You’ll have to gather evidence, testify, attend hearings, and seek mediation to finalize the separation.
What Is the Waiting Period for an Uncontested Divorce in South Carolina?
South Carolina is a no-fault state. Married couples can get divorced without either side having to show that the other caused the dissolution of the marriage.
- However, in a no-fault divorce, the spouses must live in separate residences for at least 12 months.
- After the 12-month separation, one spouse may file for divorce.
- After the other spouse is served with the divorce papers, a court hearing is typically scheduled.
- The hearing can take place after 30 days have passed since the filing.
- The uncontested divorce process can proceed relatively quickly after the one-year separation period is completed, with the divorce potentially being finalized within 90 days of filing for divorce.
What Are the Requirements for a Divorce in South Carolina?
To file for divorce in South Carolina, you must meet the following requirements:
- Residency requirements – You can’t file for divorce without meeting the state’s residency requirements. At least one spouse must have lived in South Carolina for a year or longer. However, if both spouses live in the state, the residency requirement is three months. You can prove residency with utility bills, leases, voter registrations, or driver’s licenses.
- Grounds for divorce – South Carolina does not require any form of blame on either party for a no-fault divorce to proceed. In a no-fault divorce, you’d classify your divorce as such in the complaint after you’ve spent a year or more living separately from your spouse. In a fault-based divorce, you must cite legal grounds for divorce to waive the one-year waiting period for divorce. Those grounds include adultery, desertion, physical cruelty, and habitual drunkenness or drug use.
- Documentation and legal filings – One spouse must file a Complaint for Divorce with the Clerk of Court. It is typically filed in the county where the other spouse resides or where the couple last lived together. After filing, the other spouse will be served with the complaint and a summons, after which they’ll have 30 days to file a response. If children are involved, you must also file a parenting plan that outlines custody, visitation, and decision-making responsibilities. An experienced family law attorney can help you through this complicated process.
- Hearing – Even uncontested divorces in South Carolina require a court hearing. The spouse who initiated the proceedings must testify to the grounds of the divorce, a corroborating witness will need to verify some key information, and the judge will issue a Final Order of Divorce.
Can Other Factors Affect the Waiting Period in a South Carolina Divorce?
Aside from the legal requirements, other factors can affect how long your divorce takes, including:
- Disagreements over terms such as marital property
- Serving papers to the spouse
- Court backlog
- Complex asset or debt division
- Child custody dispute.
These are all common legal issues in contested divorces. An experienced divorce lawyer will work with you to navigate them as quickly and smoothly as possible without compromising the outcome of your case.
How Can a South Carolina Divorce Attorney Help with My Case?
Working with a respected South Carolina family law attorney can make all the difference in your case. Your lawyer will help by:
- Preparing and filing documents – Delays or mistakes in paperwork can slow the divorce process. Your family law attorney can file all necessary documents promptly and accurately.
- Avoiding costly errors – A seemingly small misstep when seeking a divorce can be detrimental to you and your family’s future. An experienced divorce lawyer can help you make forward-looking decisions and keep you level-headed when emotions run high.
- Negotiating settlements – Your attorney will fight to protect your rights and advocate for your best interests at the negotiating table.
- Litigating if necessary – When negotiations reach an impasse, it may be necessary to take your family legal matters to court. If that occurs, you’ll be represented by an experienced attorney who will seek the best possible outcome.
Get Help from an Experienced South Carolina Divorce Lawyer
Are you seeking a divorce? You need trusted legal representation. Let the legal team at McKinney, Tucker & Lemel LLC guide you through the legal process and help you through this challenging time. Numerous testimonials from satisfied former clients attest to our reputation for open communication, compassion, personalized attention, and cost-effective advocacy. Contact us today for an initial consultation.
