How Long Does a Divorce Take in South Carolina? 2024

How long does a divorce take in South Carolina? It can be difficult to give an accurate estimate since the answer often depends on a number of factors. No matter how long the divorce proceedings may end up taking, it is smart to be prepared by hiring a skilled family law attorney to simplify the process and ensure all matters are handled fairly.

Understanding the Basics of Divorce in South Carolina

South Carolina offers a no-fault divorce option in addition to certain fault-based grounds for divorce. Valid grounds for a fault-based divorce in the state include either spouse committing adultery or physical cruelty against the other, exhibiting habitual drunkenness or drug addiction, or physically deserting their spouse for at least one year.

In a no-fault divorce, neither party is to blame, and a reason doesn’t need to be provided, although a period of separation is required. When one or both spouses are pursuing a no-fault divorce, the process cannot be finalized unless the parties have lived away from one another in separate households for a consecutive year. If the spouses reconcile or temporarily cohabitate during this time, the waiting period must start over from the beginning.

A divorce can either be uncontested or contested. An uncontested divorce is when both spouses are in agreement on all terms of the divorce settlement, and no negotiation is required. This can save both parties a great deal of time and legal costs, but is not a feasible option for everyone. Within a contested divorce, there is one or more issues the spouses do not agree on—requiring them to reach a settlement through mediation, negotiation, or litigation in court.

Factors That Can Impact Length of Divorce Proceedings

No divorce is simply finalized upon filing the initial form. Instead, there are certain issues that must be thoroughly addressed before the spouses can present their divorce settlement agreement to family court for a judge to approve and decree the divorce as official. These issues include the division of marital property, whether there will be alimony, and the terms of child custody and support payments.

The unique details of a couple’s situation and how the legal proceedings are handled by both parties can significantly impact how long it takes for the spouses to reach an agreement and move the case forward toward completion. If a spouse is particularly contentious about every asset during the property distribution process, the proceedings are likely to take much longer than when the spouses are relatively willing to negotiate and compromise.

The more issues that spouses disagree on, the longer the case may take. For example, South Carolina requires spouses to go through mediation if there are any disputes regarding child custody or child support. In addition to potentially contentious proceedings, a divorce case may require more time if the couple’s shared estate is quite large or contains high-value or complex assets such as a business, inheritance, multiple real estate properties, investment portfolios, etc.

How Can an Attorney Speed Up a Divorce?

While it’s understandable that you don’t want your divorce to drag on unnecessarily, it’s also important not to rush the process—making sure everything is handled thoroughly and correctly is crucial. However, retaining the counsel of a well-qualified and adept family lawyer for your divorce proceedings has numerous benefits, including streamlining the entire process and potentially saving you time in the long run.

Some divorces simply may require less time to complete due to the circumstances. For example, fault-based or uncontested divorces typically entail shorter proceedings due to the lack of a mandatory waiting period or a lengthy negotiation process, respectively. Furthermore, a skilled divorce attorney can make your case go by quicker by ensuring no errors are made in the first place. Divorce lawyers can also effectively mediate proceedings to negotiate a settlement sooner.

FAQs

Q: What’s the Difference Between Contested and Uncontested Divorce?

A: An uncontested divorce is where both spouses are in relative agreement about the prospect of dissolving the marriage and most or all terms of the divorce settlement agreement. Within a contested divorce, spouses tend to disagree and have lengthy negotiations regarding alimony, child support and custody, the division of property, and other related issues.

Q: How Much Will My Divorce Cost in South Carolina?

A: Costs of a South Carolina divorce will vary greatly from case to case, depending on the circumstances of the divorce and several factors of the legal proceedings. Divorce expenses can vary depending on your divorce attorney’s experience and charge rate, the type of divorce (fault-based or no-fault and contested or uncontested), where you’re located, court costs and filing fees, and how long the proceedings take. The more time that is needed to negotiate a divorce settlement, the costlier the case becomes.

Q: How Long Does a Divorce Take to Complete in SC?

A: How long a divorce in South Carolina may take depends on whether the divorce is uncontested, fault-based, and how many assets or high-value property the spouses share, among other factors.

If a divorce is highly contested, resulting in the spouses having lengthy proceedings to reach a settlement, it’s likely to take much longer than an uncontested case. You also have to make sure you meet residency requirements and any mandatory waiting periods, which can vary.

Q: How Can I Speed Up My Divorce in South Carolina?

A: Generally, a divorce process can be relatively quick if it is uncontested or if there are valid grounds for a fault-based divorce. Uncontested divorces tend to be resolved much quicker since the spouses are in agreement on all terms of the divorce settlement. Fault-based divorces can take less time since there’s no mandatory separation period the spouses have to wait for before filing for the divorce.

Allow a Skilled Lawyer to Streamline Your Divorce

At Kinney Law Firm, our professional legal team has successfully handled countless family law cases. We can help you obtain a favorable outcome and protect your rights. Reach out to us today to schedule a meeting with a competent, experienced divorce attorney.