South Carolina Divorce Timeline Estimator

An uncontested no-fault divorce in South Carolina takes approximately 14–16 months total — 12 months of mandatory separation under S.C. Code § 20-3-10(5) plus 2–3 months for court processing after filing. Contested divorces involving discovery, mandatory mediation, and trial scheduling typically require 18–36 months from the initial separation date. Fault-based grounds like adultery can bypass the one-year separation but still require a minimum 90-day wait under § 20-3-80.

South Carolina imposes two types of waiting periods. For no-fault divorce, spouses must live separately for one continuous year under § 20-3-10(5). For fault-based divorces (adultery, cruelty, habitual drunkenness), § 20-3-80 requires a 60-day wait before a hearing and 90 days before a final decree. However, the 60/90-day waiting periods are waived for no-fault divorces once pleadings are filed or default is entered.

South Carolina requires 12 consecutive months of living separate and apart without cohabitation to file for no-fault divorce under S.C. Code § 20-3-10(5). If spouses reconcile or cohabit during this period, the one-year clock resets entirely. Fault-based grounds — adultery, physical cruelty, habitual drunkenness, or desertion — do not require a separation period, though desertion itself requires proof of one year of abandonment.

An uncontested no-fault divorce in South Carolina finalizes in roughly 2–3 months after filing, once the mandatory one-year separation is complete. Total elapsed time is approximately 14–16 months from the date of separation. The filing fee is $150, and the median cost for an uncontested South Carolina divorce is $3,000. Both spouses must agree on all terms including property division, custody, and support to qualify as uncontested.

The fastest path to divorce in South Carolina is filing on fault-based grounds such as adultery, which eliminates the one-year separation requirement. Under § 20-3-80, the court can hold a hearing after 60 days and issue a final decree after 90 days from filing. However, fault-based divorces require proving the ground in court, which can extend timelines if contested. An uncontested fault-based divorce with stipulated evidence offers the shortest realistic timeline of approximately 3–4 months.

Under South Carolina Rules of Civil Procedure Rule 12(a), the responding spouse has 30 days to file an answer if they reside in South Carolina, or 35 days if they live out of state. If no response is filed within this period, the filing spouse can request a default judgment. The respondent also has 30 days to file a counterclaim alongside their answer, and the petitioner then gets 30 days to respond to any counterclaim.

South Carolina does not universally mandate parenting classes in divorce cases, but family court judges have discretion to order them when minor children are involved. Contested cases involving custody disputes are more likely to include a parenting class requirement. South Carolina does require mandatory mediation under the South Carolina Alternative Dispute Resolution Rules before any contested divorce or custody case proceeds to a final trial hearing. Mediation costs are typically split equally between the parties.

A contested divorce in South Carolina typically takes 18–36 months from the date of separation, depending on case complexity and court scheduling. After the one-year separation period and filing, contested cases must complete mandatory mediation under SCADR rules before a trial can be scheduled. Discovery, depositions, and temporary hearings add months to the process. With median contested divorce costs at $12,600 and South Carolina attorney rates averaging $310 per hour, complex disputes involving property or custody drive both duration and expense higher.