If you’re considering or preparing for a divorce in South Carolina, it’s natural to feel overwhelmed. Between legal requirements, custody concerns, and financial issues, the process can be daunting.
At Holland & Usry, a Spartanburg-based law firm, our goal is to guide you through every step and protect your future. Below, we’ve compiled detailed answers to the most frequently asked questions about divorce in South Carolina. Whether you’re just beginning to explore your options or you’re ready to file, this guide will help you understand your rights and responsibilities under South Carolina law.
How Long Does It Take to Get a Divorce in South Carolina?
The time it takes to finalize a divorce in South Carolina depends on several factors, including whether the divorce is contested or uncontested, and the grounds under which you’re filing.
Uncontested No-Fault Divorce (1-Year Separation):
- South Carolina allows a no-fault divorce after spouses have lived separately for one continuous year.
- If both parties agree on all issues—property division, alimony, custody, and visitation—this is the fastest route.
- Even in the best-case scenario, expect the divorce process to take 3 to 6 months from filing to final decree, depending on court availability and documentation.
Contested Divorce or Fault-Based Grounds:
- If you’re filing on fault-based grounds (adultery, physical cruelty, habitual drunkenness or drug use, or desertion), and your spouse contests, the timeline can extend significantly.
- If both parties disagree on some or all issues—property division, alimony, custody, and visitation.
- These cases often involve multiple court hearings and discovery processes.
- A contested divorce in Spartanburg, SC can take 9 months to over a year depending on complexity and caseload, with most taking over a year.
Why It Matters: Time isn’t just a logistical issue—it’s emotional and financial. The longer a divorce drags on, the more it can cost you in stress, legal fees, and life disruption. That’s why strategic planning from the outset is crucial.
What Are the Grounds for Divorce in South Carolina?
South Carolina law recognizes both no-fault and fault-based grounds for divorce.
No-Fault Grounds:
- Living separate and apart without cohabitation for one full year.
- This does not require any misconduct by either party.
Fault-Based Grounds:
- Adultery – Sexual intercourse or sexual activity with someone other than one’s spouse; requires evidence of opportunity and inclination to prove it.
- Physical Cruelty – Actual physical abuse or threat thereof; emotional cruelty does not qualify.
- Habitual Drunkenness or Drug Use – Repeated substance abuse that impacts the marriage.
- Desertion – One spouse leaves the other for more than a year without consent or justification (rarely used now).
Why Grounds Matter: Fault-based divorces can impact alimony and property division. For example, if adultery is proven, the cheating spouse is barred from receiving alimony, absent rare exceptions. However, proving fault requires strong evidence and can prolong your case.
Do I Have to Be Separated Before I Can File for Divorce in SC?
It depends on which grounds you’re filing under.
No-Fault Divorce:
- Yes, you must live separately for one year with no cohabitation.
- Any overnight stays or reconciliation during this time can reset the clock.
Fault-Based Divorce:
- No separation is required before filing if you’re alleging adultery, physical cruelty, or habitual drunkenness.
- You can file immediately after discovering the misconduct, though you’ll still go through the court process.
Important Note for Spartanburg Couples: If you’re filing under fault grounds, it’s often beneficial to consult an attorney immediately.
What Happens If My Spouse Doesn’t Want the Divorce?
In South Carolina, you do not need your spouse’s consent to get a divorce.
If They Refuse to Cooperate:
- You can still move forward. If they fail to respond to the summons and complaint within 30 days, the court will allow you to proceed, although your spouse may still be heard on most issues if they later decide to participate.
If They Dispute the Grounds:
- The case becomes contested, and the court will hold hearings to determine the validity of your claims.
- You may need to present evidence and witness testimony, particularly in fault-based cases.
If They Try to Delay:
- Some spouses may try to drag out the process through procedural tactics or emotional manipulation.
- An experienced Spartanburg divorce attorney can help keep your case on track and push for resolution.
Bottom Line: While a resistant spouse can complicate the process, they cannot prevent the divorce entirely.
Can I Get Divorced Without Going to Court in South Carolina?
Technically, you will need to appear in court at least once, but you can avoid a drawn-out trial if the divorce is uncontested.
Uncontested Divorce:
- If both spouses agree on all issues, you can file a settlement agreement with the court.
- You’ll attend a brief hearing (called a final divorce hearing) where a judge reviews your documents.
- In Spartanburg, this can often be completed in under 15 minutes.
Contested Divorce:
- You’ll likely need to attend multiple court dates, including temporary hearings and possibly a trial.
Mediation:
- South Carolina courts require mediation for most contested family law cases before trial.
- A neutral third party helps both sides reach a compromise—saving time, money, and emotional toll.
Tip: Avoiding court starts with good communication and proactive legal guidance. The sooner you reach an agreement on key issues, the faster and smoother your divorce will be.
Additional Divorce Topics South Carolina Residents Should Know
While the FAQs above cover common concerns, divorce in South Carolina involves several other important considerations:
Property Division
- South Carolina is an equitable distribution state—not necessarily 50/50.
- Courts consider each spouse’s contributions, earning potential, and conduct during the marriage.
Alimony
- Not guaranteed in every case.
- Factors include length of marriage, standard of living, and financial need.
Child Custody and Visitation
- Decided based on the best interests of the child.
- Includes physical custody (where the child lives) and legal custody (decision-making authority).
- Courts encourage joint custody when appropriate.
Note: Holland & Usry’s goal is to advocate for fair custody arrangements and support orders that protect children and reflect real-life needs.
Why Choose Holland & Usry for Your South Carolina Divorce?
Navigating divorce isn’t just about paperwork—it’s about protecting your children, your property, and your peace of mind. At Holland & Usry, we’ve helped countless Spartanburg residents handle the complexities of family law with confidence and clarity.
Our legal team provides:
- Deep understanding of South Carolina divorce law
- Local experience with Spartanburg family courts
- Strategic planning for both uncontested and contested cases
- Compassionate guidance from start to finish
Ready to Talk?
If you’re facing divorce, don’t go it alone. Reach out today to schedule a confidential consultation with our team. Whether you’re filing on fault grounds or just beginning to think about separation, Holland & Usry is here to help you make smart decisions about your future.
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