How Long Does It Take to Get Divorced in South Carolina?

As divorce lawyers in Charleston, South Carolina, we are often asked how long a divorce takes. In this article, we explain the grounds for divorce and how they affect timing, the divorce process, how long uncontested and contested divorces take, and what happens at the final hearing. So how long does it take to get divorced in South Carolina?

Quick Answer: It depends on the grounds and whether the case is contested. A no-fault divorce requires one year of living separate and apart before you can file, and an uncontested case can often be finalized about two to three months after filing. For adultery, physical cruelty, or habitual drunkenness, the court cannot grant a final decree until three months after filing. A contested divorce often takes 12 months or more because of discovery, guardian ad litem investigations, and the court’s docket.

How Long Does It Take to Get Divorced in South Carolina?

Divorces occur for many different reasons. Whether your divorce drags on or ends quickly depends on your grounds and whether the issues make it contested or uncontested. The following table summarizes typical timelines:

These are general estimates. Every case is different, and the timeline can change if new issues arise or the court’s docket is crowded.

How Long Does an Uncontested Divorce Take in South Carolina?

If the divorcing couple can agree on everything, such as custody, child support, and dividing their property and debts, then the divorce is “uncontested.” Typically, uncontested divorces are based on one year of separation.

The faster spouses file their paperwork and set a final hearing date, the sooner they can get divorced. In our experience, two to three months from filing to the final hearing is an estimate, not a guarantee. For a no-fault divorce, spouses must first live in separate residences without cohabitation for one continuous year, which we explain in our article on whether you should move out before your divorce.

How Long Does a Contested Divorce Take in South Carolina?

In South Carolina, a contested divorce is likely to take 12 months or more. A contested divorce usually involves disputes about custody or visitation, alimony, child support, and property. If custody is disputed, the family court may appoint a guardian ad litem (GAL) to investigate and report back to the court, and that investigation can take several months.

In contested cases, the parties may also engage in “discovery.” Discovery lets each side obtain evidence from the other through interrogatories (written questions), requests for production of documents, and depositions (out-of-court testimony under oath). Generally, a party has 30 days after service to respond to interrogatories and requests for the production of documents. However, a defendant may respond within 45 days after service of the summons and complaint, and the court may allow a shorter or longer time.

If a party does not respond, the requesting party may need to file a motion to compel, which takes time to schedule. Discovery can also be obtained from nonparties by subpoena. Overall, discovery can take months to complete.

How Do the Grounds for Divorce Affect the Timeline in South Carolina?

South Carolina recognizes both fault and no-fault divorces. The grounds for divorce are adultery, physical cruelty, habitual drunkenness, desertion for one year, and one year of continuous separation. The following table summarizes how each ground affects timing:

The only no-fault ground is one year of continuous separation. In other words, you cannot file for a no-fault divorce until you have lived separate and apart from your spouse without cohabitation for one year.

What Happens After You File for Divorce in South Carolina?

First, you must file for divorce, and the other spouse has time to respond. In South Carolina, a divorce begins with the filing of a summons and complaint. After the clerk of family court files the paperwork, it must be served on the other spouse, such as by personal delivery by a process server.

The spouse who is served generally has 30 days to answer and to assert any counterclaim. If there is a counterclaim, the spouse who started the divorce generally has 30 days after service of the answer containing the counterclaim to reply. Certain motions or court orders can change these deadlines.

Not counting the time to prepare, file, and serve the summons and complaint, it can take about sixty days for the answer and any reply to a counterclaim. The following table summarizes the stages:

What Happens at an Uncontested Final Divorce Hearing in South Carolina?

A final divorce hearing is the court proceeding where a judge either approves the parties’ agreement in an uncontested divorce or conducts a trial in a contested divorce. An uncontested hearing is usually short, often 15 to 30 minutes. Before the hearing, you or your attorney will prepare the paperwork, including a proposed final order, a financial declaration, and the agreement.

During the hearing, the judge will review the paperwork and, after placing the parties who testify under oath, may ask questions about the agreement, such as:

• Do you believe this agreement is fair and in your best interests (and the interests of your child)?
• Were you, or are you now, under the influence of drugs, alcohol, or medications, or suffering from any condition that affects your ability to understand this agreement or today’s hearing?
• Are you capable of doing the things you have promised to do in this agreement?
• Has anyone promised you anything outside of this agreement, or were you coerced or threatened into entering it?
• Are you entering into this agreement freely and voluntarily?
• Do you understand that if this agreement is approved, it will be an order of the court enforceable by contempt, which can include up to one year in jail, a fine of up to $1,500, up to 300 hours of community service, or any combination of them?
• Are you familiar with the other party’s finances?
• Do you understand which provisions of the agreement are final and which may be modified? Property division is generally final, while the court keeps jurisdiction to modify child custody, visitation, and support based on a substantial change in circumstances. Alimony may also be modifiable, depending on the type of alimony and whether the agreement makes it nonmodifiable.
• Are you satisfied with your attorney, or, if you do not have one, are you knowingly choosing to proceed without a lawyer?
• Do you understand that by asking the court to approve this agreement, you are giving up your right to a trial on the issues it resolves?

The court will review the agreement and financial declarations to ensure the property division is fair and any custody and support arrangements are in the best interests of any children. If the judge agrees, the judge will approve the agreement and make it a court order.

In an uncontested divorce based on one year of separation, the spouse seeking the divorce will testify about residency, the date the parties separated, and that they have lived apart without cohabitation for at least one year. That spouse should ordinarily bring a witness to corroborate the separation, although other evidence may corroborate it, and the requirement may be relaxed in appropriate circumstances.

The spouse filing for divorce generally must have lived in South Carolina for one year before filing. If that spouse is a nonresident, the other spouse must have lived in South Carolina for one year. If both spouses are South Carolina residents when the case is filed, only the filing spouse must have lived here for three months before filing.

What Happens at a Contested Final Divorce Hearing in South Carolina?

In a contested case, the final hearing is a trial that is much more complex than an uncontested hearing. These trials can last days, depending on the case’s complexity. Before trial, you and your attorney will prepare your case, which may involve discovery, preparing exhibits, and arranging for witnesses.

At trial, both parties present their cases through opening statements, evidence, witness testimony, cross-examination, and closing arguments. The subjects depend on what is contested but may include property division, alimony, child custody, and child support.

After the evidence, the judge decides whether the grounds for divorce have been proven and resolves the contested issues, including the division of assets and debts, custody and visitation, alimony, child support, and who may be responsible for paying the other party’s attorney’s fees and costs. If the divorce is granted, the judge signs a final divorce decree setting out those decisions, although the judge may take the case under advisement rather than issue a decision immediately after trial.

Does the Family Court’s Docket Affect How Long a Divorce Takes?

Yes. How quickly the family court docket moves depends on where you file for divorce. Some counties have more family court judges and hearing time than others, and some keep their dockets moving better than others. Generally, scheduling a day or more of trial in a contested case takes longer than scheduling an uncontested hearing that lasts 15 to 30 minutes.

How Can You Keep Your Divorce From Dragging On?

How the parties and their lawyers handle the divorce can greatly affect how long it takes. The more the spouses are disagreeable with each other, especially about their children, the more contested and longer the divorce becomes. When spouses use the divorce process for “payback,” the divorce is likely to drag on for a year or more.

Likewise, some lawyers are very aggressive and encourage their clients to fight over every detail. The unfortunate truth is that the more the spouses fight and the longer the divorce takes, the more the lawyers get paid. Organizing your financial documents early, responding to discovery on time, and negotiating in good faith can all shorten the process.

Should You Rush Your Divorce in South Carolina?

No. Over the years, we have helped clients who rushed their divorce, didn’t cover all the details, and didn’t think ahead about the future consequences of decisions about their children, finances, and more. There are very few “second chances” in family court, so take the time necessary to handle it right, no matter how badly you want out right now.

For a deeper look at the South Carolina divorce process, download our free book on divorce in South Carolina. It is available as a PDF or on Apple Books at no cost.

How Can a Charleston Divorce Lawyer Help You Move Your Divorce Forward?

A divorce lawyer can file your case correctly, keep discovery on schedule, negotiate a fair agreement, and request the earliest available hearing date, while making sure you do not give up rights in the rush to finish.

The attorneys at Futeral & Nelson have represented clients in divorce cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call 843-284-5500 to discuss your case and options.