How Long Do You Have to Be Separated in South Carolina to Get a Divorce?
In South Carolina, you must live separately and apart from your spouse for at least one continuous year to qualify for a no-fault divorce. During this time, you cannot live under the same roof, not even temporarily.
While some states allow legal separation as a substitute, South Carolina requires actual physical separation. You may seek a court order for “separate maintenance and support” to resolve custody or financial issues during this period, but it is not a substitute for the separation requirement for no-fault divorce.
How Long Do I Need to Live Apart from My Spouse to Get a Divorce in South Carolina?
If you want to obtain a no-fault divorce, you and your spouse must live apart and separate for at least one year before filing for divorce. Being separated for one year is the only option for a no-fault divorce in South Carolina.
If you and your spouse reconcile for one day, you must begin calculating the one-year period again. Therefore, it is crucial that you do not have intimate relations with your spouse or move back in with your spouse if you want to seek a no-fault divorce.
How Do I Receive an Order for Separate Maintenance and Support?
You may petition the court for an order of separate maintenance and support if you leave your spouse. The order temporarily decides issues that would be included in a divorce decree. Therefore, you can ask the court to divide marital property, order child support, require alimony, and determine custody.
A separation agreement or order temporarily resolves the issues until a couple seeks a divorce. If you and your spouse agree to the terms of a separation agreement, either spouse may petition the court for an order. The court reviews the order to ensure it is fair and complies with the state’s laws for custody and support. If so, the judge incorporates the agreement into an order for separate maintenance and support.
What Is the Process of Obtaining a Divorce After a Legal Separation in South Carolina?
South Carolina has four fault grounds for divorce.
You may seek a divorce on the grounds of:
- Habitual drunkenness
- Adultery
- Physical cruelty
- Desertion
You may also seek a divorce on the grounds of one year’s continuous separation. If you seek a divorce on fault grounds, you must provide evidence in court proving your spouse is guilty of the alleged wrongdoing. Otherwise, you only need a witness to testify that you and your spouse have lived separate and apart for one year to obtain a no-fault divorce.
The spouse who files the complaint for divorce is referred to as the petitioner. The other spouse is the respondent. The respondent has 30 days to file an answer or other response after receiving the complaint. If the respondent does not file an answer, the petitioner may ask the court to schedule a hearing and issue a default divorce decree.
When spouses agree on divorce terms, the divorce is uncontested. An uncontested divorce is the least costly and time-consuming process. If spouses disagree on just one issue, the divorce is contested. Both parties present their evidence in court, and the judge decides how to resolve disputes.
Can I Date Other People During My Separation in South Carolina?
A separation order is not a divorce. You and your spouse are legally married during the year you are separated. Therefore, dating while separated from your spouse is still adultery unless you have a signed property or marital settlement agreement or an order of separate maintenance and support approving your settlement agreement. If you date without a signed agreement and order, you risk being accused of adultery.
Adultery in South Carolina can impact other issues in your divorce. For example, adultery is a bar to alimony. It can also impact property division and child custody matters. Therefore, you need to discuss the matter of dating while separated with an experienced separation lawyer to ensure you understand your rights and the potential consequences before moving forward.
Separation Is the First Step Toward Divorce in South Carolina
If you’re considering a no-fault divorce in South Carolina, understanding the mandatory one-year separation requirement is essential. This period must be continuous, with no cohabitation or reconciliation, and serves as a legal prerequisite before filing.
While you remain legally married during separation, court-approved agreements can help address key issues like custody and support in the meantime. Before taking steps that could affect your divorce—such as dating or moving back in—it’s wise to consult with a family law attorney to protect your rights and ensure your path to divorce stays on track.
Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971
To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
