How Long Does Divorce Take in South Carolina

Navigating a divorce in South Carolina requires understanding the state's unique timeline requirements—from mandatory separation periods to court waiting times. Whether you're planning your next steps or managing financial decisions during the process, knowing how long your divorce will take is essential for maintaining stability and making informed choices.

South Carolina's divorce timeline depends on several critical factors: whether you pursue a no-fault or fault-based divorce, how well you and your spouse agree on key issues, and the complexity of your case. This comprehensive guide breaks down every stage of the South Carolina divorce process, providing realistic timeframes so you can plan accordingly.

Two Paths to Divorce in South Carolina

South Carolina offers two distinct routes to divorce, each with dramatically different timelines. Understanding which path applies to your situation is the first step in estimating how long your divorce will take.

No-fault divorce requires you and your spouse to live continuously separate and apart for one full year without cohabitation before you can even file for divorce. This is the only no-fault ground recognized in South Carolina under S.C. Code § 20-3-10. The one-year separation period cannot be waived, shortened, or avoided—it's a firm legal requirement that South Carolina courts strictly enforce.

Fault-based divorce, on the other hand, allows you to file immediately without any separation requirement. South Carolina recognizes five fault grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness (including habitual drug use), and one-year continuous separation. If you can prove one of these fault grounds with corroborating evidence, you can request a final hearing just 90 days after filing your complaint, according to S.C. Code § 20-3-80.

The choice between these two paths fundamentally shapes your divorce timeline. Fault-based divorces can be finalized in as little as three to six months, while no-fault divorces typically take 13 to 16 months minimum when you factor in the mandatory one-year separation before filing.

No-Fault Divorce: The 1-Year Separation Path

For couples pursuing a no-fault divorce in South Carolina, the timeline begins long before you ever file paperwork with the Family Court. The mandatory one-year separation requirement is both specific and strict.

"Living separate and apart" means you and your spouse must maintain separate residences continuously for 12 full months. South Carolina courts interpret this requirement strictly—you cannot live in the same home in separate bedrooms. The separation must be continuous, meaning even a single night of reconciliation or cohabitation can reset the clock back to zero, requiring you to start the full one-year period over again.

Document your separation date carefully with evidence like lease agreements, utility bills in your name at a new address, or affidavits from witnesses who can attest to your living arrangements. At your final hearing, you'll need corroborating testimony from a witness who can confirm the one-year separation period and verify that no cohabitation occurred during that time.

Once you've completed the full one-year separation, you can file your divorce complaint with the South Carolina Family Court. For uncontested cases where both spouses agree on all issues—custody, property division, support—the timeline from filing to final decree typically ranges from two to four months, depending on your county's court docket and how quickly you can schedule a final hearing.

Timeline Summary for No-Fault Divorce: 12 months of separation + 2-4 months post-filing = 13-16 months total minimum for an uncontested no-fault divorce in South Carolina.

Fault-Based Divorce: The Faster Route

If you can establish fault grounds for divorce, South Carolina law allows a significantly faster timeline. The five recognized fault grounds are adultery, physical cruelty, habitual drunkenness or drug use, desertion for one year, and one-year continuous separation (which overlaps with the no-fault ground).

For fault-based divorces on grounds other than one-year separation, you can file your complaint immediately—no waiting period required before filing. However, South Carolina imposes a 90-day statutory waiting period after you file before the court can grant a final decree. Under S.C. Code § 20-3-80, no final decree may be entered until at least three months have elapsed since filing, even if both parties reach a complete settlement on day one.

The critical difference with fault-based divorces is that you don't need to live separately before filing. If your spouse committed adultery yesterday, you can file for divorce today and potentially have your decree finalized in approximately three to six months, depending on how contested the case becomes.

However, fault-based divorces come with an important evidence requirement: corroboration. South Carolina courts will not grant a divorce based solely on your uncorroborated testimony. You must provide additional evidence—witness testimony, documentary proof, circumstantial evidence, or admissions by your spouse—to substantiate your fault claim and prevent collusion. This corroboration requirement can add complexity and time to the process if gathering evidence proves difficult.

In practice, uncontested fault-based divorces where both parties reach agreement typically finalize in three to six months from filing. Contested fault divorces where issues like custody, property, or alimony are disputed can extend to nine months or longer, particularly if the court calendar is backed up or extensive discovery is needed.

How Agreement Affects Your Divorce Timeline

Beyond the fault versus no-fault distinction, the single biggest factor affecting your South Carolina divorce timeline is whether your case is contested or uncontested.

Uncontested divorces—where you and your spouse agree on all major issues including child custody, parenting time, child support, alimony, and property division—move much faster through the court system. After meeting the applicable waiting period (one year for no-fault or 90 days for fault), uncontested cases typically resolve in two to four months. The court process is streamlined: file your complaint, serve your spouse, wait for their acceptance or answer, file a Request for Hearing, attend a brief final hearing (often 15-30 minutes), and receive your decree. Many South Carolina counties offer Self-Represented Litigant (SRL) Simple Divorce packets specifically designed for uncontested cases.

Contested divorces, conversely, trigger a much longer and more complex process. When you and your spouse disagree on significant issues, South Carolina's Court-Annexed ADR Rule 3 mandates that all contested issues in Family Court cases must go through mediation before proceeding to trial. This mandatory mediation requirement, implemented statewide across all 46 South Carolina counties, adds several months to your timeline.

A typical contested divorce timeline includes: initial filing and service (month 0-1), temporary orders hearing to address immediate custody and support needs (month 1-2), discovery period for exchanging financial documents and depositions (months 2-7), mandatory mediation (months 6-9), and if mediation fails, pretrial conference and final trial (months 9-15). Contested South Carolina divorces realistically take 9 to 15 months from filing to final decree, with complex high-asset cases or those involving business valuations potentially extending even longer.

The discovery process alone can significantly extend timelines in contested cases. Under the South Carolina Rules of Civil Procedure Rule 26, parties can use interrogatories, requests for production of documents, requests to admit facts, and depositions to build their case. In high-asset divorces or cases involving allegations of hidden assets, this discovery phase often requires hiring forensic accountants, business valuation experts, and other professionals whose work takes months to complete.

Timeline Milestones from Filing to Decree

Understanding the specific procedural milestones in a South Carolina divorce helps you anticipate what comes next and when:

Filing and Service (Week 0-2): You file your divorce complaint, summons, and Family Court coversheet with the Clerk of Court and pay the $150 filing fee. Your spouse must be served with these documents, typically by the sheriff ($15 service fee) or a private process server. Your spouse then has 30 days to file an answer under SCRCP Rule 12.

Temporary Orders (Month 1-2): If you need immediate court orders addressing child custody, support, or exclusive use of the marital home while the divorce is pending, you can file a Motion for Temporary Relief. Under Family Court Rule 21, temporary hearings require at least five days' notice and must be supported by affidavits and financial declarations. Temporary orders remain in effect until the final decree.

Financial Disclosures (Within 45 Days): Both parties must file and serve a Financial Declaration (Form SCCA430) by the first hearing or within 45 days after the complaint is served, whichever comes first, per Family Court Rule 20. This detailed financial affidavit discloses all income, expenses, assets, and debts.

Discovery and Mediation (Months 2-9): In contested cases, both sides gather evidence through formal discovery. Once all contested issues are identified, the court will order mediation under ADR Rule 3. Parties typically split the mediator's fee, which varies by market rate. Many South Carolina divorces settle at mediation, avoiding the need for trial.

Final Hearing or Trial (Months 3-15+): For uncontested cases after the applicable waiting period, you'll attend a brief final hearing where you present your evidence (including corroboration of grounds), and the judge signs your Final Decree. For contested cases that don't settle, a full trial before a Family Court judge can take several hours or days depending on complexity. South Carolina does not allow jury trials in divorce cases.

Estimate Your South Carolina Divorce Costs

While this guide focuses on timeline, the duration of your divorce directly impacts costs. Use our free calculator below to estimate your total divorce expenses based on your specific situation. The calculator is pre-configured with South Carolina filing fees and typical costs.

Note: This estimate is for planning purposes based on typical South Carolina divorce costs. Actual expenses may vary significantly based on case complexity, whether you reach settlement or go to trial, and attorney hourly rates in your area.

Frequently Asked Questions

Can I waive or shorten the 1-year separation requirement for a no-fault divorce?
No. The one-year continuous separation period is a statutory requirement under South Carolina law that cannot be waived, shortened, or avoided. Courts strictly enforce this requirement to ensure compliance with S.C. Code § 20-3-10. Your only alternatives are to pursue a fault-based divorce if grounds exist.

What's the fastest way to get divorced in South Carolina?
The fastest path is a fault-based uncontested divorce. If you can prove adultery, physical cruelty, or habitual substance abuse with corroborating evidence, and you and your spouse agree on all issues, you can finalize your divorce in approximately three to four months—90 days for the mandatory waiting period plus 30-60 days to schedule and complete your final hearing.

Do I need to be separated before filing a fault-based divorce?
No. For fault grounds other than one-year separation (adultery, physical cruelty, habitual drunkenness), you can file for divorce immediately without any prior separation period. The 90-day waiting period under S.C. Code § 20-3-80 begins after you file, not before.

Is mediation mandatory in South Carolina divorce cases?
Yes, for contested issues. South Carolina's Court-Annexed ADR Rule 3 requires all contested issues in Family Court domestic relations cases to go through mediation before trial, with certain limited exceptions such as temporary relief motions and cases involving domestic violence. This requirement is mandatory statewide across all 46 counties.

Conclusion

Understanding South Carolina's divorce timeline helps you plan your financial future, manage expectations, and make informed decisions about which path to pursue. While no-fault divorces require patience through the mandatory one-year separation, fault-based divorces offer a faster track for those who can meet the evidentiary requirements. Regardless of which route you take, knowing what to expect at each milestone reduces uncertainty during an already challenging time.

Ready to explore other aspects of South Carolina divorce? Learn about filing requirements and required forms, or discover strategies for choosing between mediation and litigation to control both costs and timelines. Knowledge is your most powerful tool for navigating this process successfully.