A South Carolina divorce takes between 3-4 months for an uncontested case and 12 months or longer for a contested case after the divorce complaint is filed. However, for no-fault divorces, spouses must first complete a mandatory 365-day separation period before filing, bringing the total minimum timeline to approximately 15-16 months from the date of separation. Under S.C. Code § 20-3-80, the court cannot issue a final divorce decree until at least 90 days after the complaint is filed, regardless of whether both parties agree to all terms.
Key Facts: South Carolina Divorce Timeline
| Requirement | Details |
|---|---|
| Filing Fee | $150 (as of March 2026) |
| Waiting Period After Filing | 90 days minimum under S.C. Code § 20-3-80 |
| No-Fault Separation Requirement | 365 days continuous separation under S.C. Code § 20-3-10(5) |
| Residency Requirement | 3 months (both spouses SC residents) or 1 year (only one spouse SC resident) |
| Grounds for Divorce | 5 grounds: Adultery, Physical Cruelty, Habitual Drunkenness, Desertion (1 year), No-Fault Separation (1 year) |
| Property Division | Equitable distribution (fair, not necessarily equal) |
Understanding How Long Divorce Takes in South Carolina
South Carolina divorce timelines depend primarily on whether you file on fault-based grounds or no-fault grounds, and whether your divorce is contested or uncontested. A fault-based divorce on grounds such as adultery can proceed to filing immediately, while a no-fault divorce requires a full year of living separate and apart before you can file the complaint. Under S.C. Code § 20-3-10, the five grounds for divorce are adultery, physical cruelty, habitual drunkenness (including drug addiction), desertion for one year, and continuous separation for one year without cohabitation.
The fastest possible South Carolina divorce occurs when one spouse can prove a fault ground and both parties agree on all issues including property division, alimony, and child custody. In this scenario, the divorce can be finalized in approximately 90-120 days from filing. The slowest divorces involve contested issues with complex property or custody disputes, which can extend the timeline to 18-24 months or longer after the initial filing.
The 1-Year Separation Requirement for No-Fault Divorce
South Carolina requires spouses to live separate and apart for 365 consecutive days before filing a no-fault divorce under S.C. Code § 20-3-10(5). This separation must be complete, meaning spouses must maintain separate residences. The South Carolina Supreme Court has held that maintaining separate bedrooms within the same house does not satisfy the separation requirement. Any reconciliation or resumed cohabitation during the one-year period resets the clock entirely, requiring another full year of separation.
The one-year separation requirement significantly impacts how long divorce takes in South Carolina because it adds 12 months to the timeline before you can even file paperwork. For couples who cannot prove fault grounds, this means the minimum total divorce timeline is approximately 15-16 months: 12 months of separation plus 3-4 months for court processing after filing.
The 90-Day Waiting Period After Filing
Under S.C. Code § 20-3-80, South Carolina courts cannot issue a final divorce decree until at least 90 days (3 months) after the complaint is filed with the Clerk of Court. This mandatory waiting period applies to all divorces, including those filed on fault grounds where no separation period was required. The statute also prohibits scheduling a hearing (called a "reference" in South Carolina) until at least 60 days after filing.
This 90-day waiting period is distinct from the one-year separation requirement. For no-fault divorces, you must complete both: first the 365-day separation, then file your complaint, then wait an additional 90 days before the court can finalize your divorce. However, there is one exception: when filing based on desertion or the one-year separation ground, the hearing may proceed and the decree may be issued after responsive pleadings are filed or after the respondent is adjudged in default.
Uncontested Divorce Timeline in South Carolina
An uncontested divorce in South Carolina takes approximately 3-4 months from filing to finalization when both spouses agree on all terms including property division, alimony, child custody, and child support. The $150 filing fee is paid when submitting the Summons and Complaint for Divorce to the Clerk of Court. After the 90-day mandatory waiting period under S.C. Code § 20-3-80, the court can schedule a final hearing where one spouse provides brief testimony and the judge reviews the settlement agreement.
For a no-fault uncontested divorce, add the 365-day separation period to this 3-4 month post-filing timeline, resulting in a total of approximately 15-16 months from the date of separation. A fault-based uncontested divorce can proceed more quickly because there is no separation requirement, but you must have evidence to prove the fault ground such as adultery or physical cruelty.
| Uncontested Divorce Type | Separation Period | Post-Filing Timeline | Total Timeline |
|---|---|---|---|
| No-Fault (separation) | 365 days | 3-4 months | 15-16 months |
| Fault-Based (adultery) | None required | 3-4 months | 3-4 months |
| Fault-Based (cruelty) | None required | 3-4 months | 3-4 months |
| Fault-Based (desertion) | 1 year (built-in) | 3-4 months | 15-16 months |
Contested Divorce Timeline in South Carolina
A contested divorce in South Carolina typically takes 12 months or longer from filing to finalization, with complex cases extending to 18-24 months. Contested divorces involve disputes over property division, alimony, child custody, or child support that require court intervention to resolve. The timeline expands because each disputed issue may require discovery (exchanging financial documents and information), depositions, expert witnesses, temporary hearings, and ultimately a trial before a Family Court judge.
Under S.C. Code § 20-3-620, South Carolina courts consider 15 statutory factors when dividing marital property, including the duration of the marriage, each spouse's income and earning potential, contributions to the marriage including homemaker contributions, and marital misconduct if it affected the economic circumstances of the parties. Disputes over these factors can significantly extend how long divorce takes in South Carolina because each issue requires evidence, expert testimony, and judicial determination.
Residency Requirements Before Filing
South Carolina imposes residency requirements under S.C. Code § 20-3-30 that must be satisfied before filing for divorce. When both spouses are South Carolina residents, the filing spouse (plaintiff) must have resided in the state for at least 3 months immediately prior to filing. When only one spouse lives in South Carolina, that spouse must have been a resident for at least 1 year before commencing the divorce action. Military service members stationed in South Carolina are considered residents for divorce purposes regardless of their intent to remain permanently.
These residency requirements can add to the overall divorce timeline if you recently relocated to South Carolina. A spouse who just moved to the state would need to wait 3 months (if the other spouse also lives in SC) or 12 months (if the other spouse lives elsewhere) before filing, in addition to any separation period required.
Factors That Extend the Divorce Timeline
Several factors can significantly extend how long divorce takes in South Carolina beyond the minimum timeframes. Complex property division involving businesses, retirement accounts, or real estate often requires professional valuations that take 60-90 days to complete. Custody disputes may require a Guardian ad Litem investigation to assess the best interests of the children, adding 3-6 months to the timeline. Discovery disputes where one spouse fails to produce financial documents can result in court motions and delays of 2-4 months.
Reconciliation attempts during the one-year separation period for no-fault divorce reset the clock entirely under South Carolina law. Even a single night of resumed cohabitation requires starting a new 365-day separation period. Failure to properly serve the divorce complaint on your spouse can add weeks or months to the timeline, particularly if your spouse is avoiding service or their location is unknown.
Recent South Carolina Divorce Law Changes (2025-2026)
South Carolina legislators have introduced several bills in 2025-2026 that may affect divorce timelines if passed. Bill 3114 proposes allowing corroboration of evidence through affidavits in certain uncontested no-fault divorces, which could streamline the final hearing process and reduce the time needed to finalize agreed divorces. Bill 3078 seeks to reform alimony by eliminating indefinite periodic alimony and tying awards more closely to the length of the marriage, which could reduce litigation time over spousal support.
Bill 3105 addresses property division by requiring clear and convincing evidence to prove that nonmarital property was intended to become marital property, potentially reducing disputes over property characterization. Bill 4800, introduced in January 2026, would give Family Courts jurisdiction to pre-approve prenuptial and postnuptial agreements, creating a presumption of validity that could expedite property division in future divorces. Most procedural updates will take effect beginning October 1, 2025, with others rolling out through 2026.
South Carolina Divorce Filing Fees and Costs
The filing fee for divorce in South Carolina is $150, paid to the Clerk of Court when submitting the Summons and Complaint for Divorce. As of March 2026, all clerks accept cash, certified funds, or money orders, with some counties also accepting credit or debit cards. Most counties do not accept personal checks. If you cannot afford the filing fee, you may submit an Affidavit of Indigency (Form SCCA/400) or a Motion to Proceed in Forma Pauperis, and the court may waive the fee if your income is below 125% of the federal poverty level.
Additional costs beyond the filing fee include process server fees ($50-$125), certified copies of documents ($2-$5 per copy), and mandatory parenting class fees ($50-$150 if children are involved). A simple uncontested divorce using an online document preparation service typically costs $650-$2,000 total. Attorney fees in South Carolina range from $200-$400 per hour, with most attorneys charging approximately $275 per hour and requiring retainers of $2,500-$5,000 for contested cases.
| Cost Category | Amount |
|---|---|
| Filing Fee | $150 |
| Process Server | $50-$125 |
| Document Copies | $2-$5 per page |
| Parenting Class | $50-$150 |
| Online Document Service | $200-$300 |
| Attorney Hourly Rate | $200-$400 |
| Attorney Retainer | $2,500-$5,000 |
| Total (Uncontested DIY) | $650-$2,000 |
| Total (Contested with Attorney) | $10,000-$25,000+ |
Property Division in South Carolina Divorce
South Carolina is an equitable distribution state under S.C. Code § 20-3-610 through § 20-3-690, meaning marital property is divided fairly but not necessarily equally. The court follows a four-step process: identify marital versus nonmarital property, determine fair market value, apportion the marital estate according to 15 statutory factors in S.C. Code § 20-3-620, and distribute the property equitably. In long-term marriages, deviations greater than a 60/40 split are rare.
Property division disputes can significantly extend how long divorce takes in South Carolina because valuation of complex assets like businesses, professional practices, and retirement accounts requires expert appraisals. The 15 factors courts consider include marriage duration, each spouse's income and earning potential, contributions to the marriage including homemaking, health of each spouse, tax consequences of division, and marital misconduct if it affected the economic circumstances of the parties.
Strategies to Speed Up Your South Carolina Divorce
To minimize how long divorce takes in South Carolina, consider these evidence-based strategies. First, attempt mediation to resolve disputes over property division, alimony, and custody before filing, as agreed cases proceed much faster than contested ones. Second, if fault grounds exist and you have evidence, filing on fault grounds eliminates the one-year separation requirement and allows immediate filing. Third, gather all financial documents including tax returns, bank statements, retirement account statements, and property records before filing to prevent discovery delays.
Complete required parenting classes as soon as possible if you have minor children, as the court cannot finalize your divorce until both parents complete the course. Respond promptly to all court deadlines and discovery requests to avoid delays. Consider hiring an experienced South Carolina family law attorney who can navigate procedural requirements efficiently and anticipate potential obstacles. For uncontested cases, some attorneys offer flat-fee services that can finalize your divorce within weeks of the 90-day minimum waiting period.
Frequently Asked Questions About South Carolina Divorce Timeline
How long does an uncontested divorce take in South Carolina?
An uncontested divorce in South Carolina takes approximately 3-4 months from filing to finalization under S.C. Code § 20-3-80, which requires a minimum 90-day waiting period before the court can issue a final decree. For no-fault divorces, add the mandatory 365-day separation period, bringing the total timeline to approximately 15-16 months from separation to final decree.
Can I get a divorce in South Carolina without waiting one year?
Yes, you can avoid the one-year separation requirement by filing on fault grounds under S.C. Code § 20-3-10. The four fault grounds are adultery, physical cruelty, habitual drunkenness (including drug addiction), and desertion for one year. If you can prove one of these grounds with corroborating evidence, you may file immediately without any separation period.
What is the fastest way to get divorced in South Carolina?
The fastest divorce in South Carolina occurs when you file on a fault ground (such as adultery) and both spouses agree on all terms including property, alimony, and custody. This uncontested fault-based divorce can be finalized in approximately 90-120 days from filing. Without agreement, even fault-based cases take 6-12 months or longer.
Does living separately in the same house count as separation in South Carolina?
No, the South Carolina Supreme Court has ruled that maintaining separate bedrooms within the same house does not satisfy the one-year separation requirement under S.C. Code § 20-3-10(5). Spouses must live in completely separate residences for 365 consecutive days with no cohabitation to qualify for a no-fault divorce.
What happens if we reconcile during the separation period?
If spouses reconcile or resume cohabitation for even a single night during the one-year separation period, the 365-day clock resets entirely under South Carolina law. You would need to begin a new one-year separation period before filing for a no-fault divorce.
How long does a contested divorce take in South Carolina?
A contested divorce in South Carolina typically takes 12 months or longer from filing, with complex cases involving business valuations, custody disputes, or significant assets extending to 18-24 months. The timeline depends on the number of contested issues, discovery complexity, and court scheduling.
What are the residency requirements to file for divorce in South Carolina?
Under S.C. Code § 20-3-30, if both spouses are South Carolina residents, the filing spouse must have lived in the state for at least 3 months. If only one spouse lives in South Carolina, that spouse must have resided in the state for at least 1 year before filing.
How much does it cost to file for divorce in South Carolina?
The filing fee for divorce in South Carolina is $150 as of March 2026. Additional costs include process server fees ($50-$125), certified copies ($2-$5 each), and parenting classes if applicable ($50-$150). Total costs for an uncontested DIY divorce range from $650-$2,000, while contested divorces with attorneys can cost $10,000-$25,000 or more.
Can the 90-day waiting period be waived in South Carolina?
No, the 90-day waiting period under S.C. Code § 20-3-80 cannot be waived. This statutory requirement applies to all divorces regardless of fault grounds or mutual agreement. However, for divorces based on desertion or one-year separation, the hearing may proceed after responsive pleadings or default.
What happens at the final divorce hearing in South Carolina?
At the final hearing in an uncontested South Carolina divorce, one spouse provides brief testimony confirming the grounds for divorce, the separation period (if applicable), and the terms of the settlement agreement. The judge reviews the agreement, ensures it is fair and voluntary, and issues the final divorce decree. The hearing typically lasts 15-30 minutes.
Conclusion
Understanding how long divorce takes in South Carolina requires recognizing the multiple waiting periods involved: the potential 365-day separation for no-fault divorces, the mandatory 90-day post-filing period under S.C. Code § 20-3-80, and the additional time needed for contested issues. An uncontested divorce can be finalized in as few as 3-4 months from filing, while contested cases often extend to 12-24 months. The key to minimizing your divorce timeline is reaching agreement with your spouse on all issues, gathering documents early, and meeting all court deadlines promptly.