Can I Get a Divorce Without My Spouse’s Consent?

Realizing your marriage should end is hard enough, when spouses can’t agree on divorce, the process becomes even more challenging.

South Carolina Law on Contentious Divorce

In South Carolina, if your spouse won’t consent, you must file for a contested divorce. If you and your spouse can’t agree on terms, contested proceedings are required. This means more court involvement, higher legal fees, and added stress than an uncontested divorce.

Generally, getting a divorce without your spouse’s consent requires that you show one of four fault grounds. South Carolina law recognizes the following fault grounds:

• If your spouse committed adultery.
• If your spouse left the marital home without a reason or your consent, with no intention of returning.
• If your spouse physically abused you or made you fear for your safety or life.
• If your spouse was regularly under the influence of drugs or alcohol.

SC Residency and Timeline Requirements

Under SC Code §20-3-30, if one spouse is a non-resident, the other must have lived in South Carolina for at least 1 year before filing. If both are residents, the plaintiff must have lived in the state for at least 3 months.

The no-fault divorce process requires that you and your spouse have lived separately for at least one continuous year before filing. This applies to couples without evidence of marital misconduct. Any interruption restarts the one-year separation period.

Process for Filing for a Contested Divorce in Gaffney, SC

Filing for a contested divorce in South Carolina consists of the following steps:

• The plaintiff files a Complaint for Divorce in the defendant’s county, stating grounds, evidence, and proposed divorce terms.
• Complaint and summons will be served on the defendant (your spouse): Your spouse will have the opportunity to respond to the allegations in the complaint and to state his or her own claims or defenses. If your spouse fails to respond, the court may enter a default judgment in your favor.
• Temporary Motion Hearing scheduled: In most contested divorces, a Temporary Motion for Relief will be filed. From there, the court will schedule a Temporary Motion Hearing. The hearing will address any issues regarding the use of the marital home, child custody, and marital assets prior to your divorce being finalized.
• Discovery: This is the formal exchange of personal and financial information between both parties in preparation for trial.
• Court-order mediation: South Carolina courts require parties in a contested divorce to undergo mandatory mediation. Mediation is the process by which a neutral third party will attempt to help each party come to an agreement on child custody, child support, alimony, and property division. If a settlement cannot be reached, your case will proceed to trial.
• Settlement negotiations: Both sides will attempt to come to an agreement regarding one or several issues. Negotiations are led by the attorneys and can take several weeks or even months.
• Final divorce or merits hearing can be scheduled 90 days after initial complaint is filed: If a settlement cannot be reached, a final divorce or merits hearing (trial) can be scheduled 90 days after submitting the initial complaint. During the merits hearing, each attorney will present evidence and call on witnesses. This could last several days if there are many unresolved issues. Upon completion, a judge will decide the terms of your divorce and will issue the Final Divorce Decree.

Contested Divorces Require Experienced Representation

A contested divorce requires both parties to participate in pre-trial stages, including discovery, mediation, and settlement negotiations. The most challenging aspect of a contested divorce is often the limited control parties have over the outcome. At Parker & Bain, LLC, our family law attorneys provide guidance and information to help you make informed decisions regarding your family. Even if your spouse is uncooperative, they cannot prevent the legal dissolution of the marriage.

Speak with Our Gaffney Family Law Lawyers

Seeking a divorce when your spouse does not agree can present significant emotional and legal challenges. If you believe you are trapped in a marriage that is no longer viable, there are legal avenues available. Parker & Bain, LLC’s Gaffney family law attorneys have the experience to guide clients through complex divorce proceedings. To arrange a consultation with our legal team, contact us online or call (864) 252-2650.