South Carolina imposes two separate waiting periods: a one-year continuous separation requirement before you can file a no-fault divorce under S.C. Code § 20-3-10(5), and a 90-day post-filing wait before a final decree under S.C. Code § 20-3-80. Fault-based cases skip the one-year separation but still face the 90-day clock.
The divorce waiting period in South Carolina confuses many people because the state actually runs two clocks at once. Understanding which clock applies to your case determines whether your divorce takes four months or over a year. This guide breaks down every timeline, statute, and exception, and shows how the mandatory waiting period changes depending on whether you file on no-fault or fault grounds.
Key Facts: Divorce Waiting Period in South Carolina
| Requirement | South Carolina Rule | Statute |
|---|---|---|
| Filing Fee | $150 (statewide, paid to Clerk of Court) | Uniform Family Court schedule |
| Waiting Period | 1-year continuous separation (no-fault) + 90 days post-filing (fault grounds) | § 20-3-10, § 20-3-80 |
| Residency Requirement | 1 year (one spouse) or 3 months (both residents) | § 20-3-30 |
| Grounds | 4 fault grounds + 1 no-fault (1-year separation) | § 20-3-10 |
| Property Division Type | Equitable distribution (fair, not necessarily 50/50) | § 20-3-620 |
What Is the Divorce Waiting Period in South Carolina?
The divorce waiting period in South Carolina is a one-year continuous separation for no-fault divorce, plus a mandatory 90-day period after filing before any final decree can be issued under S.C. Code § 20-3-80. A no-fault filer waits at least 12 months before filing, then roughly 45-90 more days to finalize.
South Carolina is unusual because it treats the pre-filing separation and the post-filing court delay as distinct requirements. The one-year separation is a substantive ground for divorce, meaning it is the legal reason the court grants the dissolution. The 90-day period is a procedural cooling off period built into the Family Court process. A person filing on the one-year separation ground has, in the court's eyes, already served a 365-day wait, so the statute exempts those cases from the additional 90-day hold. Fault filers, by contrast, can file immediately but must then wait out the 90-day procedural clock before a judge signs the final order.
The One-Year Separation Requirement (No-Fault Divorce)
To obtain a no-fault divorce in South Carolina, spouses must live separate and apart without cohabitation for one continuous year under S.C. Code § 20-3-10(5). This is the only no-fault ground in the state. The separation must be unbroken for the full 365 days, and any reconciliation resets the clock to zero.
South Carolina interprets this mandatory waiting period strictly. The spouses must maintain physically separate residences for the entire year. The South Carolina Supreme Court has held that living in separate bedrooms under the same roof does not satisfy the requirement, even if the couple share no intimacy. A single overnight reconciliation or resumed cohabitation during the 12 months restarts the one-year count entirely. Because this is a substantive ground, the couple cannot shorten it by agreement, and there is no judicial power to waive the separation requirement for a no-fault case. This makes the cooling off period divorce path the slowest route in the state, but it avoids the cost and conflict of proving marital misconduct in court.
The 90-Day Post-Filing Waiting Period
South Carolina Family Courts cannot issue a final divorce decree until at least 90 days after the complaint is filed with the Clerk of Court, under S.C. Code § 20-3-80. No merits hearing may be held until at least 60 days after filing. This 90-day mandatory waiting period applies to fault-based cases even when both spouses agree on every term.
This procedural waiting period exists so that neither spouse rushes into an irreversible judgment during a high-emotion moment. In practice, the 60-day and 90-day marks set the floor, not the ceiling. A contested case with disputes over property, alimony, or children routinely runs 9 to 15 months regardless of the statutory minimum. The important planning point is the exemption: cases filed on the one-year separation ground or the one-year desertion ground are not subject to the 90-day hold, because those parties already completed a full year of waiting before filing. That is why an uncontested one-year-separation divorce can sometimes finalize in 45 to 90 days after filing, faster than an uncontested fault case.
How to Waive the Waiting Period in South Carolina
You cannot waive the waiting period in South Carolina outright, but you can avoid the one-year separation by filing on a fault ground under S.C. Code § 20-3-10. The four fault grounds are adultery, physical cruelty, habitual drunkenness, and desertion for one year. Fault grounds allow immediate filing with no pre-filing separation.
Filing on fault is the primary way to bypass the year-long cooling off period, but it is not a shortcut to a same-week divorce. Three of the four fault grounds still trigger the 90-day post-filing hold under § 20-3-80, so the fastest a fault case finalizes is roughly three months after filing. Adultery is the most commonly used fault ground because it requires no waiting at all before filing, though it must be proven by clear evidence of both inclination and opportunity. Physical crualty and habitual drunkenness (including drunkenness from any narcotic drug) also permit immediate filing. Desertion for one year functions like the separation ground: it requires a full year of abandonment first but is then exempt from the 90-day hold. Before choosing a fault path to speed things up, weigh the higher legal cost and the burden of proof against the time saved.
Waiting Period by Divorce Type: Comparison
Uncontested no-fault divorces in South Carolina take approximately 12 to 14 months total (one-year separation plus 45-90 days of processing), while contested fault divorces average 9 to 15 months after filing. The ground you choose, more than any other factor, drives your total timeline.
The table below shows how the two waiting-period clocks combine for the most common scenarios. Every timeline assumes proper service of process and no procedural delays. Remember that South Carolina has no summary or joint-petition divorce, so even the simplest case must move through the Family Court process.
| Divorce Type | Pre-Filing Wait | Post-Filing Wait | Typical Total |
|---|---|---|---|
| Uncontested, 1-year separation | 12 months | 45-90 days | ~12-14 months |
| Contested, 1-year separation | 12 months | 3-12 months | 15-24 months |
| Uncontested, fault (adultery) | None | ~90 days min | 3-6 months |
| Contested, fault (adultery/cruelty) | None | 90 days+ | 9-15 months |
| Desertion (1 year) | 12 months | Exempt | ~12-14 months |
If you are still weighing which path fits your situation, a personalized divorce roadmap can map your grounds and expected timeline in a few minutes. You can also compare full cost scenarios with our South Carolina divorce cost estimator.
Residency Requirements That Affect Your Timeline
South Carolina requires the filing spouse to have lived in the state for at least one year before filing, or three months if both spouses are South Carolina residents, under S.C. Code § 20-3-30. If the filer is a nonresident, the defendant spouse must have lived in South Carolina for one year. These periods run separately from the divorce waiting period.
Residency is a jurisdictional prerequisite, not a cooling off period, but it can effectively extend your total wait if you recently moved. A spouse who relocates to South Carolina and whose partner remains out of state cannot file until completing a full year of residency. Once both spouses live in the state, the shorter three-month residency applies. The residency clock and the one-year separation clock can run at the same time, so a recently separated couple who both live in South Carolina may satisfy residency long before the separation year ends. Divorce cases are filed in the Family Court of the county where the defendant resides, or where the plaintiff resides if the defendant is a nonresident. Confirm your county's specific filing procedures, since local Family Court practices vary across South Carolina's 46 counties.
Filing Fees and Court Costs in South Carolina
The filing fee for divorce in South Carolina is $150 statewide, paid to the Clerk of Court when you submit your Summons and Complaint. This fee is uniform across all 46 counties and does not change based on grounds, contested status, or the presence of children. Fee waivers are available for low-income filers.
Beyond the base filing fee, budget for additional costs that arise during the waiting period. Service of process by a private server or the sheriff typically runs $50 to $100. Certified copies of the final decree cost $2 to $5 each, and standard document copies run $0.25 to $1.00 per page. Parents of minor children must complete a mandatory parenting education class costing roughly $25 to $100 per parent before the court finalizes the divorce. Households earning below 125% of the federal poverty guidelines (about $19,500 for a single person or $40,000 for a family of four in 2026) may qualify to have the $150 filing fee waived by filing a motion to proceed in forma pauperis. As of August 2026. Verify with your local clerk. To understand how the court will divide assets during this period, review how equitable distribution works in South Carolina.
What Happens During the Waiting Period
During the South Carolina divorce waiting period, spouses can request temporary relief through a pendente lite hearing, which is typically held within a few weeks of filing. Temporary orders can address custody, child support, spousal support, use of the marital home, and bill payment while the case is pending.
The waiting period is not dead time. Both the one-year separation and the 90-day post-filing window are opportunities to resolve substantive issues so the divorce finalizes smoothly. During separation, courts expect spouses to keep finances and living arrangements genuinely separate, since any resumed cohabitation can restart the one-year no-fault clock. After filing, the pendente lite hearing establishes the financial and custodial status quo. Spouses also exchange financial declarations, complete discovery, attend a mandatory mediation in most contested cases, and, where minor children are involved, finish parenting classes. Using the waiting period productively, by negotiating a settlement agreement, is the single biggest factor in whether a case finalizes at the 90-day floor or drags on for a year or more. If you need professional guidance, you can find a divorce attorney who handles Family Court cases in your county.