What is a no-fault divorce?

A no-fault divorce is a type of divorce in which neither party has to prove that the other party is at fault for the marriage ending. In South Carolina, this type of divorce is officially referred to as a “no-fault divorce on the ground of irreconcilable differences.” This is the most common type of divorce in South Carolina because it does not require each spouse to prove that the other is responsible for the marriage’s failure. Furthermore, couples who disagree on why the marriage ended can still be granted a no-fault divorce. In South Carolina, either spouse can seek a no-fault divorce if the parties have experienced “irreconcilable differences.” This means that the parties have different perspectives about the marriage, which cannot be resolved and have led to the breakdown of the marriage. In order to seek a no-fault divorce, either party must have lived in South Carolina for at least one year. The couple must also live separately for at least one year before they can file. Once the filing is complete, the parties must work out a plan to divide their assets in a way that is fair and balanced. If a couple is not able to reach an agreement, the court may step in to make a decision. No-fault divorces can be an effective way to quickly end a marriage in South Carolina, without the need for expensive and lengthy court proceedings.

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What is a no-fault divorce?

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