South Carolina divorce law is stricter than many states. To protect families and encourage reconciliation, the law sets waiting rules before granting a no-fault divorce. For couples in Lexington, understanding this timeline is essential to avoid costly delays.
The One-Year Separation Rule
For no-fault divorce, South Carolina requires spouses to live separate and apart for one continuous year before filing. Key points:
- Living in the same home, even in separate rooms, doesn’t count.
- A third party must usually verify the separation.
- Any reconciliation attempt resets the one-year clock.
This rule often surprises couples, especially those used to “quick divorce” timelines in other states.
When You Don’t Have to Wait a Year
You may file for divorce immediately if you prove fault-based grounds, which include:
- Adultery
- Physical cruelty
- Habitual drunkenness or drug use
- Desertion
These cases often move faster but require strong evidence. Judges in Lexington County take fault-based claims seriously, so be prepared with documentation or witness testimony.
How Waiting Periods Affect Families
For many, the waiting period isn’t wasted time — it’s a chance to:
- Establish separation agreements for custody, support, and property.
- Request temporary court orders to address immediate needs.
- Plan for the financial and emotional transitions ahead.
Still, the one-year wait can feel frustrating, especially when both parties are ready to move on.
Quick FAQs
Do we have to live in different houses to count as separated?
Yes. South Carolina requires separate residences for the one-year separation.
Can a divorce be granted in less than a year?
Yes, but only if you prove fault-based grounds like adultery or cruelty.
What if we reconcile briefly during the year?
The clock resets. You must start the one-year separation over again.
If you’re considering divorce in Lexington, understanding South Carolina’s waiting rules is the first step. Call The Farley Law Firm today 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. Schedule a consultation to discuss your situation.