Recent Blog Posts
How Long Does the Divorce Process Typically Take? What Are the Grounds for Divorce in South Carolina? What is My Car Accident Worth in South Carolina? What Are Common Causes of Truck Accidents in South Carolina? Are Trucking Companies Liable for Accidents Involving Their Drivers?Categories
Car Accidents Criminal Defense Family Law Motorcycle Accidents Personal Injury Truck Accidents Workers CompensationArchive
RSS Feed
How Long Does the Divorce Process Typically Take?
Many factors affect the timeline for a South Carolina divorce, including whether the case is contested or uncontested, the grounds cited, and the complexity of the parties’ financial and custody issues. Some cases resolve in a few months, while others drag on for well over a year.Parker & Bain works to move your case forward efficiently while protecting your interests at every stage of the divorce proceedings.
Separation Requirement
If you are filing for a no-fault divorce in South Carolina, you and your spouse must live separately and apart for one continuous year before the court will grant the dissolution. Any period of resumed cohabitation during those twelve months resets the clock entirely, requiring the full separation period to begin again from the date you last lived together.
Fault-Based Divorce
Filing on fault-based grounds in South Carolina includes adultery, habitual drunkenness, physical cruelty, and desertion. These grounds eliminate the one-year separation requirement and can accelerate the process. However, the filing spouse must prove the alleged misconduct through admissible evidence:
- Witness testimony and affidavits
- Financial records
- Phone records, text messages, and photos
- Police reports
- Protective order filings
- Medical records documenting injury or substance abuse
Uncontested Divorce Timeline
When both spouses agree on all major issues, an uncontested divorce in South Carolina can be finalized relatively quickly. A mandatory 90-day waiting period applies before the court can schedule a final hearing after the complaint is filed and the other party is served. In many Gaffney cases where both parties cooperate, the entire process wraps up within 3 to 4 months of the filing date.
Contested Divorce Timeline
Contested divorces take considerably longer because disagreements over assets, custody, alimony, or [fault grounds](https://www.scstatehouse.gov/code/t20c003.php{:target=”_blank” rel=”noopener”} require formal discovery, depositions, mediation, and potentially a full trial. In Cherokee County, contested cases routinely take anywhere from 9 months to over 2 years, depending on the court’s docket, the number of disputed issues, and each party’s willingness to negotiate in good faith throughout the litigation.
Factors That Can Delay a Divorce
Even cases that begin cooperatively may encounter unexpected issues that significantly delay the process. Factors contributing to delays in South Carolina divorce proceedings include:
- Disagreements over child custody or visitation schedules
- Disputes regarding the valuation or division of marital property
- Hidden assets requiring forensic accounting investigation
- Difficulty locating or serving a non-cooperative spouse
- Court scheduling backlogs in Cherokee County
- Requests for continuances by either party
How Our Divorce Lawyers Can Help
Experienced legal counsel can identify inefficiencies, anticipate potential roadblocks, and keep the case on track toward resolution. Our divorce attorneys are familiar with local court procedures and judges, which can streamline the process through the following measures:
- Preparing accurate filings that avoid costly rejections and delays
- Facilitating productive settlement negotiations before trial
- Coordinating timely discovery exchanges between parties
- Filing appropriate motions to enforce deadlines
- Recommending mediation when it serves the client’s interests
Speak to Our Gaffney Divorce Lawyer Today
Waiting to act only creates more uncertainty about custody, finances, and your future living situation. Contact Parker & Bain at 864-252-2650 or contact us online to meet with our divorce attorney in Gaffney, who will assess the complexity of your case, identify the most efficient path to resolution, and handle the procedural demands so you can focus on moving forward with clarity and confidence.