No-Fault Divorce in South Carolina
State-specific overview · Family Law
South Carolina requires a 1-year separation period for no-fault divorce, the longest waiting period in the nation.
How South Carolina treats No-Fault Divorce
South Carolina mandates that spouses live separate and apart for a full 12 months before either can file for a no-fault divorce based on irretrievable breakdown. This 1-year separation requirement is one of the strictest in the United States and applies even when both parties agree to the divorce. During the separation period, couples may negotiate property division and custody informally, but the court cannot finalize the divorce until the year has elapsed. Fault-based grounds (such as adultery or cruelty) allow faster divorce without the waiting period, making them more common in South Carolina practice.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.