South Carolina handles divorce differently than many states. One of the biggest questions people in Lexington ask is whether they must live separately before filing. The answer depends on the grounds for divorce and the facts of your case.
When Separation Is Required
In South Carolina, there are two broad types of divorce: fault-based and no-fault.
- No-fault divorce: The law requires spouses to live separate and apart for one full year before filing. That means no cohabitation and no reconciliation during that period.
- Fault-based divorce: If the divorce is based on adultery, physical cruelty, habitual drunkenness (including drug abuse), or desertion, separation is not required. The case may proceed as soon as grounds are proven.
For many Lexington families, this distinction makes the difference between moving forward right away or waiting a full year.
How Courts Define “Living Separate and Apart”
South Carolina courts require complete separation of households to count as the one-year separation period. This means:
- Different residences (not just different bedrooms).
- No reconciliation attempts that restart the clock.
- A third party may need to testify that the couple lived apart for a year.
This rule often catches people by surprise — especially if they’ve lived “separate lives” under one roof.
Why Separation Rules Matter in Lexington County
In Lexington County family court, the separation requirement can impact not just when you file but also your temporary custody and support hearings. For example:
- If you and your spouse separate, the court may set temporary custody or support orders while waiting for the one-year mark.
- If you’re filing under fault-based grounds, the court can move faster, but you’ll need strong evidence to prove fault.
Alternatives While You Wait
If you cannot file yet because of the one-year rule, you still have options:
- Separation agreements: Couples can sign agreements about custody, support, or property during the separation period.
- Temporary hearings: The court may issue orders for custody, child support, or alimony while you wait to qualify for divorce.
These steps provide stability during what can otherwise be a stressful waiting period.
Quick FAQs
Can you live in the same house and be “separated” in South Carolina?
No. Courts require separate residences for the one-year rule.
Can I file right away if my spouse committed adultery?
Yes. Separation isn’t required if you can prove adultery or other fault grounds.
Does a legal separation exist in South Carolina?
South Carolina doesn’t have “legal separation.” Instead, couples may enter a separation agreement or request temporary orders.
Final Thoughts
If you’re considering divorce in Lexington, knowing whether separation applies to your case is critical. Call The Farley Law Firm to schedule a confidential consultation and get guidance tailored to your situation.
Disclaimer
This information is for general education only and is not legal advice. Book a consultation to see what fits your needs.