One of the most common questions we hear at Johnston Law Firm is, “How long will it take to finalize my divorce?” In South Carolina, the timeline for a divorce depends on several factors, but a no-fault divorce requires a mandatory 12-month separation period. In this blog, we’ll explore why this waiting period exists, what to expect during this time, and other important considerations for those navigating the divorce process in South Carolina.

Watch Family Law Attorney Emily Johnston explain why the 12-month waiting period cannot be shortened for no-fault divorces in South Carolina:

The 12-Month Waiting Period in South Carolina

In South Carolina, a no-fault divorce requires spouses to live separately and apart for at least 12 consecutive months before the court will finalize the divorce. This mandatory separation period is designed to:

• Ensure No Collusion: The court must confirm that both parties are genuinely separated and not attempting to manipulate the legal process.
• Encourage Reconciliation: The separation period provides time for couples to consider reconciliation before making the divorce final.

This waiting period is non-negotiable for no-fault divorces, meaning couples must comply with this timeframe even if they are in complete agreement on all terms of the divorce.

Are There Grounds for Faster Divorces in South Carolina?

In limited circumstances, fault-based divorces may bypass the 12-month waiting period. Grounds for a fault-based divorce in South Carolina include:

• Adultery
• Physical Cruelty
• Habitual Drunkenness or Drug Use
• Desertion for One Year

However, proving fault can be time-consuming and contentious, potentially delaying the divorce process even further. Consulting with an experienced family law attorney is essential to determine whether a fault-based divorce is appropriate for your situation.

What Happens During the Separation Period?

The 12-month separation period is an opportunity for both spouses to begin preparing for life post-divorce. During this time, you can:

1. Work on Agreements: Discuss and negotiate terms for child custody, alimony, property division, and other key issues.
2. Gather Documentation: Collect financial records, property information, and other documents that will be needed for the divorce process.
3. Focus on Co-Parenting: If you have children, develop a parenting plan that prioritizes their well-being and stability.
4. Consult Legal Counsel: Meet with a family law attorney to ensure you’re on track with all legal requirements and to begin drafting necessary agreements. Additionally, this can be a valuable time to discuss alternative dispute resolution (ADR). In South Carolina, ADR is now mandatory for family court disputes.

Common Questions About Divorce Timelines in South Carolina

Can the 12-Month Separation Period Be Waived?

• No, the 12-month waiting period for a no-fault divorce cannot be waived. This requirement is firmly upheld by South Carolina courts to ensure the legal process is followed properly.

How Long Does a Fault-Based Divorce Take?

• While fault-based divorces don’t require a 12-month separation period, the time to finalize the divorce depends on factors such as the complexity of the case, availability of evidence, and court schedules.

What If My Spouse and I Are Already Separated?

• If you’ve already been living apart for at least 12 months, you may file for a no-fault divorce and proceed to finalize the process.

Johnston Family Law – South Carolina Divorce Attorneys

At Johnston Law Firm, we understand that the divorce process can feel overwhelming, especially when facing a mandatory waiting period. Our experienced team is here to provide clear guidance, compassionate support, and strong legal representation throughout every stage of your divorce.

For more information or to schedule a consultation, contact our South Carolina Divorce Attorneys and take the first step toward a brighter future.