What is an interlocutory divorce?

An interlocutory divorce is a divorce in which a court has made an interim ruling, but the divorce is not yet final. In the state of South Carolina, an interlocutory divorce is granted when the spouses no longer want to remain married, but have yet to work out details such as the division of property, spousal support, and child custody. To obtain an interlocutory divorce, either spouse must file a complaint in the appropriate family court. Once the court has heard both sides of the case and determined that the marriage is irretrievably broken, they will typically issue an interlocutory decree. This decree does not dissolve the marriage—it simply puts both parties on notice that the court intends to grant a divorce once all outstanding matters have been resolved. The interlocutory decree does not grant either party full legal rights, such as the right to remarry or make legal decisions on behalf of their former spouse. It also does not resolve the issues of property division, spousal support, or child custody. These matters must be addressed and agreed upon by both parties, or the court can decide them after a final hearing. After all outstanding matters have been resolved, the court will issue the final divorce decree, thus formally ending the marriage.

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What is an interlocutory divorce?

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