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Divorce Waiting Period in South Carolina

In South Carolina, a final divorce decree cannot be granted until 3 months after filing, and the only no-fault ground requires living separate and apart for 1 year.

Last checked . General information, not legal advice.

South Carolina at a glance

Waiting period
3 months after filing
Does not apply to divorces based on desertion or 1 year of separation, which can be decided after responsive pleadings or default.
Separation required
Yes, 1 year
Living separate and apart without cohabitation for 1 year is the no-fault ground.

Sources

Last checked

The rules in South Carolina

How long is the waiting period before a divorce can be finalized in South Carolina?

Waiting period in South Carolina: 3 months after filing. Does not apply to divorces based on desertion or 1 year of separation, which can be decided after responsive pleadings or default.

Do spouses have to live apart before a no-fault divorce in South Carolina?

Separation required in South Carolina: Yes, 1 year. Living separate and apart without cohabitation for 1 year is the no-fault ground.

Where do the South Carolina divorce waiting periods come from?

The rules above come from S.C. Code 20-3-80 and S.C. Code 20-3-10. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.