does a couple have to wait one year after they file for divorce

Courts in South Carolina recognize four “fault” grounds for divorce: Adultery Physical Cruelty Desertion Habitual Drunkenness and/or Drug Abuse In addition, there is one “no-fault” ground recognized by South Carolina courts, called “Living Separate and Apart for One Year Without Cohabitation.” In order to obtain a divorce, the party filing for divorce must prove at least one of these grounds with sufficient evidence, which is usually done via third party corroboration of a couple’s lack of cohabitation, or a party’s infidelity, etc. If you are pursuing a “no-fault” divorce the separation for one year generally involves the parties living in two separate locations.  Living in two separate bedrooms in one house does not qualify as a separation. While each case is different, there are a few general rules to consider.  Any request for a divorce on a fault ground cannot take place until two months after the Summons and Complaint is filed. The actual divorce, though, cannot be granted until three months have passed since the case was filed. With the no-fault divorce on the ground of one year’s separation, the Plaintiff may file the action one year and one day after the year of continuous separation passes.  Then, a hearing and divorce are possible either thirty days after service upon the Defendant, or if the Defendant files an answer before the thirty days, one could immediately request a hearing. If you or someone you know needs help with a divorce, please contact Eric C. Hale, Esq. immediately and I will provide you/them with the help they need. Law Office of Eric C. Hale, LLC (803) 250-5252 eric@erichalelaw.com DISCLAIMER: The foregoing is provided for informational purposes only and does not constitute legal advice.  The foregoing is intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of this information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The foregoing is offered only for general informational and educational purposes. It is not offered as and does not constitute legal advice or legal opinions. You should not act or rely on any information contained herein without first seeking the advice of an attorney. If you contact me/us through this website or in connection with a matter for which I/we do not already represent you, your communication may not be treated as privileged or confidential.  The transmission of an email request for information does not create an attorney-client relationship and you should not send me/us via email any information or facts relating to your legal problem or question.  There is a risk of waiver of attorney-client privilege and/or work product privileges that might otherwise attach to your communication.