You’ve filed for divorce, but now your spouse seems to be doing everything in their power to slow it down. Ignoring paperwork. Skipping court. Refusing to sign anything. If you’re wondering whether this is legal—or just a delay tactic—you’re not alone.
In Lexington, South Carolina, divorce delays happen more often than people think. But that doesn’t mean the court will let it go on forever. Here’s what you need to know if your spouse is trying to stall the process.
What Does “Dragging It Out” Look Like?
In South Carolina, a spouse can’t legally prevent you from getting divorced—but they can delay the process through several tactics:
- Refusing to respond to the complaint
- Asking for unnecessary continuances
- Failing to appear at hearings or mediation
- Ignoring discovery deadlines
- Not cooperating with required paperwork
These tactics can stretch out your case by weeks—or even months—depending on how the court handles them.
Is That Legal?
Technically, most of these actions aren’t illegal. But the family court isn’t blind to gamesmanship. Judges have seen it all—and they have tools to keep cases moving.
A judge may:
- Enter a default judgment if your spouse never responds
- Deny repeated continuance requests without good cause
- Sanction a spouse for failing to follow court orders or discovery rules
Bottom line: Your spouse can slow things down temporarily, but they can’t stop the divorce altogether.
How Long Can They Delay Things in South Carolina?
The timeline depends on how the case is filed:
- Uncontested divorce with no delays: As little as 90 days
- Contested divorce with delays: 6–18 months or longer, depending on court schedules
If your spouse is uncooperative, your attorney can file motions to compel, request sanctions, or move forward with hearings anyway.
What You Can Do If You’re Facing Delays
Don’t try to handle delay tactics alone. If your spouse is dragging their feet:
- Stay organized — keep records of every ignored deadline or missed appearance
- Work with your attorney to file the right motions to push the case forward
- Request court intervention — South Carolina judges won’t allow indefinite stalling
The longer the case drags out, the more expensive and emotionally draining it can become. The good news? The court is there to move the process along—especially if kids or property are involved.
Quick FAQ
Q: Can my spouse refuse to sign divorce papers?
A: They can refuse, but that won’t stop the case. A judge can move forward without their agreement.
Q: What happens if they skip court?
A: The judge may issue a ruling without them or sanction them for noncompliance.
Q: Can I get divorced faster if they cooperate?
A: Yes—uncontested divorces are much faster and cheaper.
If your divorce feels stuck in limbo, don’t wait it out. Call The Farley Law Firm in Lexington to learn how to keep your case moving.
Disclaimer:
This information is for general education only and is not legal advice. Schedule a consultation to discuss your case. Past results do not guarantee a similar outcome.