When can I get a divorce?

In South Carolina, a person can generally get divorced as long as one of the spouses has been a resident of the state for at least three months prior to filing for divorce. To file for divorce in South Carolina, a person must file a Summons and Complaint for Divorce with the family court in the county where either the husband or wife resides. Under South Carolina divorce law, a person may file for divorce on the grounds of adultery, physical cruelty, habitual drunkenness, or desertion for a period of one year or more. Additionally, South Carolina recognizes no-fault grounds for divorce such as "irreconcilable differences," or when the parties have lived apart for a period of one year. When filing for a no-fault divorce in the state, the couple is not required to prove any wrongdoing; rather, the divorce is based on the idea that the couple is no longer able to get along and live together. The divorce process in South Carolina can take anywhere from several months to a year, depending on the complexity of the case and how long the parties take to agree on the settlement terms. After the case is filed, the parties must attend a mandatory mediation session before going to court. After the mediation session, the parties may enter into an agreement, which is then submitted to the court for approval. If the agreement is approved, it becomes the divorce order and the parties can obtain a divorce.

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When can I get a divorce?

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