There are many reasons people decide that ending their marriage is the right thing for them to do. Once this decision is made, most couples are eager to file for divorce, get it completed, and move on with their lives. What is the timeline for finalizing a divorce in South Carolina? Is there a way to speed things up? What might slow the process down? Understanding the divorce process is an important aspect of determining how long your divorce might take. If you would like to review your circumstances with a skilled divorce attorney who might be able to offer guidance in your divorce, contact King Law Offices at (888) 748-KING. We will schedule a consultation and learn more about your case.
How Long Does It Take to Get Divorced in South Carolina?
Divorce in South Carolina can be a rather short and easy process or a long and complex one. There are many factors that determine how long a particular divorce will take. Even two divorces with similar factors may take different amounts of time.
Contested or Uncontested
One of the most significant factors in how long finalizing a divorce takes is whether the divorce is contested or uncontested. In an uncontested divorce, where the couple agrees on everything, the process will be quicker because they do not need to attend mediation or work out any issues. If the divorce is contested, which means there is at least one thing the couple does not agree on, it will take longer as they must either work out that issue or wait for a trial so a judge can decide it on their behalf.
Grounds for Divorce
Per S.C. Code § 20-3-10, South Carolina allows five grounds for divorce. Three are physical cruelty, habitual drunkenness, and adultery, and with these grounds, if the divorce is uncontested, finalizing a divorce can be done rather quickly.
The other two are desertion for a period of one year and a no-fault divorce, which requires the two spouses to live apart for at least one year before filing for divorce. If the petitioning spouse is using desertion as their grounds or if the couple wants to file a no-fault divorce, this one year period will extend the timeline for finalizing the divorce as this condition must be met.
How Long It Takes to Agree
In an uncontested divorce, the couple agrees on everything. In a contested divorce, there is at least one issue the couple does not agree on. This disagreement, and how quickly the two spouses can find an agreement, will play a role in how long it takes to finalize a South Carolina divorce. Therefore, the faster a divorcing couple can find agreements, the faster they can be officially divorced and free to move on.
Family Court Docket
Another significant factor in how long finalizing a divorce takes is the family court docket. Unfortunately, this factor is entirely out of the divorcing couple’s hands. The docket is how many cases the family court is working on. Cases are generally added to the docket on a first come, first serve basis. However, it is not as simple as when the petition for divorce was filed. The case will not be put on the docket until either the couple has come to agreements on all matters, or has exhausted all attempts to agree and needs the court the make some of these decisions for them. Cases may not be added to the docket for weeks or months, and once the case is added, the hearing date may also be weeks or months away, depending on how many other cases there are.
How Long Does an Uncontested Divorce Take?
An uncontested divorce means the splitting spouses agree on all matters related to their divorce. They have worked out custody, child support, and splitting up their property and finances. Typically, the grounds for an uncontested divorce are no-fault, which means that the couple must be separated for a minimum of one year prior to filing for divorce. A knowledgeable family law attorney with King Law Offices may be able to provide more information on uncontested divorces and whether yours qualifies as one.
After the separation period requirement has been met, one spouse must file the paperwork and then a final hearing date can be set. Therefore, how long it takes after the separation period is largely up to the couple. The sooner they file, the sooner they can be done. South Carolina requires a 30-day waiting period after a divorce petition has been filed. This means that the absolute minimum time it takes to finalize an uncontested divorce is 30 days, assuming that the petition is filed and the other spouse is immediately served and files an immediate response, which is rare. However, these divorces can often be finalized in two or three months, due to their uncontested nature.
How Long Does a Contested Divorce Take?
A contested divorce can be simple or complex, depending on the issues in dispute. In a contested divorce, the spouses are in dispute over child custody, visitation, alimony, child support, or property. They may also be in dispute over two or more of these things, and may be in dispute over all of them. The more things in dispute, the longer the divorce will take.
If custody is in dispute, the family court will appoint a guardian ad litem (GAL) to investigate and file a report about their findings. In some cases, the court may put a deadline on the GAL’s investigation, but if not, it could take several months. Additionally, when issues are in dispute, both spouses can engage in discovery (requesting evidence from the other side via interrogatories, depositions, and requests for the production of documents), which can also take several months. In a contested divorce, unless the spouses find agreements in mediation or through other methods, the final hearing will be a trial, which can also last days or weeks, depending on the issues in dispute.
Filing Procedure Influences Timeline for Finalizing a Divorce
While many people believe the decision to divorce is the start to getting divorced, legally, a divorce starts when one spouse files a summons and complaint for divorce with the clerk of the family court. Therefore, if desertion or no-fault are the grounds for divorce, the one year requirement may make spouses feel as if it takes forever to get divorced. However, understanding the filing procedure and the timeline involved in the process may make it easier for spouses to understand how long their particular divorce may take.
The basic divorce process in South Carolina is:
- One spouse (the petitioner) files a summons and complaint for divorce with the clerk of the family court. This requires filling out this paperwork, which may take a few days whether the individual does it themselves or has the assistance of an attorney.
- The summons and complaint are served on the other spouse (respondent). This can also take some time, as their signature is generally required, and it can take a few days to locate the respondent at work or home. Sometimes, the respondent may even try to avoid being served, which can make this part even more difficult.
- Once served, the respondent has 30 days to answer the petition and file a counterclaim.
- If the respondent counterclaims, the petitioner then has 30 days to respond to the counterclaim.
- In contested divorces, the spouses may be ordered to mediation, which is usually a single all-day session in South Carolina, with a followup all-day or half-day session if needed. However, complex cases could require more time in mediation and take weeks or months.
In any divorce, contested or uncontested, the filing procedures create a minimum of roughly 60 days before the divorcing couple can ask for a final hearing. This 60-day period may go more quickly if the spouse is served very quickly and responds immediately without counterclaiming. However, there are no guarantees about how they may respond, so petitioning spouses should not count on speed.
Tips to Potentially Speed Up Finalizing a Divorce
There are no guarantees to finalizing a divorce quickly. However, there are some things that spouses can do that may help reduce the amount of time they spend in the divorce process.
Be Prepared With All Necessary Information and Documents
When filing for divorce, the petitioning spouse may need certain documents and information. These documents include their marriage license, the birth certificates of any children born into the marriage, and if they are using adultery, physical abuse, or habitual drunkenness as grounds, any evidence they may have of those grounds. They may also need birthdates of both spouses, Social Security numbers, and contact information such as phone numbers and home addresses.
Having all this information and these documents ready can make the process of filling out and filing the paperwork much quicker. Keeping it all handy after the paperwork has been filed can also be efficient if it is needed again during the divorce process.
Cooperate With Your Spouse and Their Attorney When Possible
In a contested divorce, there are disputes. Obviously, an individual should not simply give in and let their spouse have whatever they want. If an individual feels strongly about the disputed matter, they should continue to seek a resolution that both spouses are comfortable with.
However, in some divorces, the spouses are so rooted in disagreement and trying to hurt each other that they will refuse to agree on anything simply to “punish” the other person. If an individual is truly interested in speeding up the process of finalizing a divorce, they should consider each disputed matter and decide how important it is. If it is not that important, consider cooperating and letting the other spouse have their way to speed things up.
Be Flexible About Working Out Agreements
Many divorcing couples in South Carolina who have at least one matter in dispute will be ordered to mediation by the family court. Spouses should attempt to be flexible and open to mediation or other alternative dispute resolution (ADR) options for working out agreements on these matters. While going to trial and having a judge decide is an option, most people should view it as a last resort. The judge’s decision may not make either spouse happy, while ADR options, including arbitration or collaborative divorce, may result in agreements that both spouses are more content with, even if they are not exactly what either spouse wanted.
Consider Hiring an Experienced Attorney
Hiring an attorney to represent them in divorce is not required of divorcing couples in South Carolina. Many individuals consider trying to handle it on their own. However, if the individual’s spouse has an attorney, it is strongly recommended that the individual hire one as well. An attorney will have more knowledge of South Carolina divorce laws, how the divorce process works, and the judges and court processes than the individual themselves and this can put the unrepresented individual at a disadvantage.
Additionally, some couples may try to save money by hiring one lawyer to work with both of them. In some cases, one spouse may convince the other that they can share a lawyer, whether to save money or to try to take advantage of their spouse. However, each person having their own attorney is critical to protecting their rights. Additionally, South Carolina’s Judicial Branch Court Rules indicate that mutual representation by the same attorney would be a conflict of interest for the attorney. The attorney would have an equal duty of loyalty to both spouses, and it would be difficult for the attorney to maintain that equality, particularly if one spouse shares something materially relevant with the attorney and requests it not be shared with the other spouse. Many spouses may also feel uncomfortable being transparent with a shared attorney because they know the attorney may share anything they say with the other spouse.
How a South Carolina Divorce Attorney May Be Able to Help
While there are some things you can do to try to speed up your divorce. However, if you try to rush it too much, you may not cover all the details or think ahead to the future consequences of some of the decisions made. Instead of sacrificing any aspect of your divorce in favor of hurrying it along, consider working with a compassionate South Carolina divorce attorney at King Law Offices. We may be able to help you navigate the process, fill out and file the paperwork, negotiate disputes, and come out the other side happier with the outcome. Finalizing a divorce can take time, but it can be time well spent. Call (888) 748-KING to schedule a consultation at one of our four South Carolina offices.