How Long Does a Divorce Take in South Carolina?

One of the first questions people ask when considering divorce is, “How long will this take?”

The honest answer is that the South Carolina divorce timeline depends on the legal ground for divorce, whether the spouses agree on important issues, and how quickly the local family court can schedule hearings.

A straightforward, uncontested case may be resolved within a few months after the legal requirements are satisfied. A contested divorce involving property, custody, support, or disputed allegations may take a year or longer.

Here is what you should know about how long a divorce takes in South Carolina and what may speed up or delay the process.

How Long Does a Divorce Take in South Carolina on Average?

There is no single timeline that applies to every divorce. In general:

• A no-fault divorce requires the spouses to live separately and apart without cohabitation for at least one continuous year.
• An uncontested fault-based divorce may sometimes reach a final hearing after the statutory waiting period and once the court has an available date.
• A contested divorce can take many months or longer, particularly when the parties disagree over children, alimony, or marital property.

South Carolina recognizes five grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness, and living separately without cohabitation for one year. The final type of divorce is commonly called a no-fault divorce.

How Long Does a No-Fault Divorce Take?

The one-year separation requirement

For a no-fault divorce, spouses must live separately and apart without cohabitation for one continuous year before the divorce can be granted. Simply sleeping in separate bedrooms while living in the same home does not satisfy the requirement.

The one-year period begins when the spouses actually separate. It does not necessarily begin when the divorce complaint is filed.

If you have already been separated for a year before filing, the case may proceed toward a final hearing once the paperwork has been filed, served, and processed.

If the spouses reconcile during the separation period, even briefly, that may affect whether the one-year requirement has been met. Anyone unsure about a reconciliation or temporary return to the marital home should discuss the facts with a family law attorney.

Can issues be addressed during the separation year?

Yes. You do not necessarily have to wait a full year for the court to address urgent financial or parenting concerns.

A party may seek an order of separate support and maintenance. The family court may also hold a temporary hearing to address issues such as:

• Child custody and visitation,
• Child support,
• Temporary alimony,
• Use of the marital home,
• Responsibility for bills,
• Use of vehicles, and/or
• Restraining orders

These temporary arrangements can provide structure while the divorce remains pending. Emergency hearings are available under special circumstances.

How Long Does an Uncontested Divorce Take?

An uncontested divorce occurs when both spouses agree on every issue that must be resolved. That may include property division, debts, child custody, visitation, child support, and alimony.

For a divorce based on one year of continuous separation, the court cannot finalize the case until the separation requirement has been completed.

After that point, the remaining timeline depends on proper filing, service of the complaint, submission of the required documents, and the court’s hearing schedule.

When a divorce is based on fault grounds and no issue is disputed, a final hearing may sometimes be requested after 90 days from the filing of the summons and complaint. Court availability and the facts of the case still affect when the hearing actually occurs.

An uncontested case usually moves more efficiently because the court does not have to decide disputed issues. The parties may present a written settlement agreement for approval and ask the judge to incorporate it into the final divorce order.

How Long Does a Contested Divorce Take?

A contested divorce takes longer because one or more issues must be negotiated, mediated, or decided by a judge.

Common disagreements include:

• Which parent should have primary custody;
• How parenting time should be arranged;
• How much child support or alimony should be paid;
• Whether property is marital or nonmarital;
• How a home, retirement account, or business should be divided; and
• Whether a fault ground for divorce can be proven.

The parties may need to exchange financial records and other evidence through discovery. Depositions, property appraisals, custody evaluations, mediation, temporary hearings, and motions may also become necessary.

If the spouses cannot settle, the case must be scheduled for a contested final hearing or trial. Court scheduling, the number of witnesses, and the complexity of the evidence can all extend the family court divorce timeline.

What Factors Can Delay a South Carolina Divorce?

Disputes involving children

Custody and parenting disputes often require careful review. The court must consider the child’s best interests, and the parties may need to present testimony, school records, medical information, or other evidence.

Complex property and financial questions

Cases involving businesses, multiple homes, retirement funds, hidden assets, or substantial debt usually require more investigation than cases with limited property.

Problems serving the other spouse

The defendant must generally receive proper legal notice of the case. If a spouse cannot be located or avoids service, additional procedures may be needed.

Incomplete or inaccurate paperwork

Missing financial declarations, improperly prepared agreements, and filing errors may result in delays. Even an uncontested divorce can slow down when documents must be corrected.

The family court’s schedule

The court’s available hearing dates also affect how quickly a case moves. A legally ready case may still have to wait for space on the docket.

Frequently Asked Questions

Do I always have to wait one year for a divorce in South Carolina?

No. The one-year separation requirement applies to a no-fault divorce. A divorce based on adultery, physical cruelty, habitual drunkenness, or qualifying desertion follows different requirements.

Can I file before the one-year separation ends?

Depending on the circumstances, a party may begin an action for separate support and maintenance or seek temporary relief before becoming eligible for a no-fault divorce. Filing strategy should be based on the facts of the case.

Is an uncontested divorce always quick?

Not necessarily. The spouses must satisfy the legal ground for divorce, complete the required paperwork, properly serve the case, and obtain a hearing date. Disagreement over even one major issue can turn the case into a contested divorce.

Does South Carolina have legal separation?

South Carolina does not issue a document formally changing a person’s marital status to “legally separated.” However, the family court may issue an order of separate support and maintenance that resolves financial, property, and parenting issues while the parties live apart.

Can a lawyer guarantee when my divorce will be final?

No. The timeline depends on the facts, the parties’ level of cooperation, and the court’s schedule. Ethical legal marketing should not create unjustified expectations or promise a particular outcome. South Carolina’s advertising rules require lawyer communications to remain factual and predominantly informational.

Talk With Seaton, Duncan, & Holmes About Your Divorce Timeline

Learning how long a divorce takes in South Carolina can help you plan, but a general timeline cannot account for every custody dispute, financial issue, or court delay.

Seaton, Duncan, & Holmes handles family law matters for clients in Moncks Corner, Charleston, Berkeley County, Dorchester County, and the remaining portions of the South Carolina Lowcountry. The firm can review your circumstances, explain the steps that may apply, and help you prepare for temporary hearings, negotiations, mediation, or trial.

To discuss your South Carolina divorce process, contact Seaton, Duncan, & Holmes using this form or call 843-761-3840.