- April 28, 2024
Except in cases of abuse, abandonment, or other specific circumstances, spouses must be separated for a period of one year before filing for divorce in South Carolina. While most couples use a no-fault divorce in Greenville, South Carolina, it is important to keep in mind divorce may be for cause as well. In cases where there is cause, it may be possible to finalize a divorce in less time.
You can work with a divorce lawyer in Greenville, SC, at Greenville Family Law to learn more about the South Carolina divorce waiting period.
What is the South Carolina Divorce Waiting Period?
The South Carolina divorce waiting period is nearly always one year from the date a couple stops living together. However, in cases of excessive drug or alcohol use, abandonment, infidelity, or other circumstances, it may be possible to file for divorce without a waiting period. If you are uncertain as to whether you can avoid the South Carolina divorce waiting period, contact Greenville Family Law today.
Since most divorces are considered no-fault divorces, which means the couple has agreed their marriage is irretrievably broken down, this means the couple typically will be bound by the South Carolina divorce waiting period. This waiting period also means that the parties typically must avoid dating while separated in South Carolina.
Can I Still Date While Separated in South Carolina?
When you and your spouse are not living together, it may be tempting to begin dating even if you have not filed divorce papers. This is not always a good idea for a number of reasons. Because South Carolina does not have any method of having a legal separation, you are still considered married until such time as your divorce is filed and finalized.
Dating prior to a divorce being finalized can have a negative impact on numerous issues, including child custody, support payments, and property division. If you are currently separated from your spouse and uncertain what rules apply to dating while separated in South Carolina prior to a divorce, please contact Greenville Family Law and find out more.
Can I get a Divorce Without Waiting a Year in SC?
There are very specific circumstances where you can avoid the South Carolina divorce waiting period. These include situations where your spouse has engaged in any of the following:
- Adultery
- Physical cruelty
- Desertion
- Habitual drunkenness/drug abuse
When these circumstances exist, you may be able to file for a divorce position without waiting for the one-year separate cohabitation requirements. These circumstances also mean you should speak with a family law attorney as quickly as possible to discuss your options and what steps you should take next.
Greenville Family Law will take the time to understand your specific circumstances and base our recommendations on your next steps on those circumstances.
Talk to Our Family Law Team at Greenville Family Law
Divorce is never an easy step to take. Numerous issues, including property division, child custody, visitation schedules, child support, and spousal support, often mean there are several areas of disagreement between the parties. This can cause additional stress and frustration and can also lead to delays in the divorce process, particularly when these differences cannot be resolved.
When you are working with an experienced divorce attorney, they will help guide you through the process and help you understand the South Carolina divorce waiting periods as well as the process for filing for divorce and resolving the marital estate.
Contact the team at Greenville Family Law today and find out what steps you can take to protect yourself during the time between your separation and your divorce being finalized.
Featured Image: Roman Motizov / Shutterstock
