South Carolina’s One-Year No Fault Separation Period Among Longest in the Country

There are many reasons why spouses decide to end their marriages, but once they do, nearly all of them want to complete the legal process quickly and move on with their lives. Here in South Carolina however, husbands and wives who seek a no-fault divorce must go through a waiting period that is among the longest in the country. This long delay might be more than annoying. In some cases, it could be dangerous. 

South Carolina law holds that couples intending to obtain a no-fault divorce must first live separately without cohabitating for a minimum of one year. With the ensuing "cooling off" period after filing, the legal process extends to a minimum of 455 days, which exceeds the mandatory delay in any other state. North Carolina also has a one-year rule prior to filing but a shorter cooling off period. 

Laws mandating lengthy waiting periods were ostensibly created to encourage reconciliation between husbands and wives, but this aim does not seem to fit reality or modern culture in most cases. People usually decide to dissolve their marriages after serious efforts to resolve their differences. Being forced into a holding pattern before you can file for divorce seems unlikely to brings spouses back together.  

One primary concern among those who support a change is the risk of prolonging situations where spousal abuse exists or has been threatened. The waiting period may inadvertently trap victims in precarious situations, escalating the potential for physical harm and emotional trauma. One alternative in these cases is to seek a fault-based divorce, but that can present complications as well. Reducing the no-fault timeframe could offer quicker relief and legal resolution for those in abusive marriages, enabling them to rebuild their lives once the union is dissolved.

Advocates of a reduced separation period also point to the risk of financial misconduct. When couples are legally required to live apart for such an extended duration, the opportunity for one spouse to engage in behavior that may compromise joint financial resources increases. One spouse might accumulate debt, dissipate marital assets or otherwise mismanage finances during this time, further complicating divorce proceedings.  

Another factor cited by those who favor a change is the emotional toll on the individuals involved. A lengthy process can exacerbate feelings of uncertainty and instability, prolonging the emotional distress typical of marital dissolution. Swift resolution can allow parties to move forward with their lives, fostering personal growth and reduced acrimony.

McManaway Law, LLC in Greenville provides knowledgeable divorce counsel to Upstate South Carolina residents. I will listen to your description of the situation and advise you of the pertinent laws, so that you have a thorough understanding of your options. For a consultation, please call 864-428-8912 or contact me online.