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I know a lot of the talk on this blog is about uncontested divorces and I talk about how you have to be separated for more than one year before you can file for divorce. But that is not always the case.
If you are filing for a no-fault, uncontested divorce, I’m sorry but you have to wait the full year out before you can file for divorce.
But, if you are filing based on a fault based ground for divorce you do not have to be separated for more than one year. You just need to be separated. The fault based grounds for divorce in South Carolina are adultery, physical abuse, and habitual drunkeness and drug use. If you are filing for divorce on any of those grounds you can file immediately. However, when you file based on a fault-based ground you must wait at least 90 days from the time you file your action before you can request a final hearing.
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how can i get a divorce without being separated one year? me and my wife just want a simple divorce. there is no adultery or anything, we just do not want to be married to each other anymore. we do not want to have to be separated one year. is there any way of getting around the separation?
Hi Jason,
Thanks so much for your question. Unfortunately, I have bad news. Without having a fault-based ground for your divorce (physical cruelty, habitual drunkenness or drug use, adultery, or abandonment) there is no way to get a divorce without having the one-year period of living separate and apart continuously.
DISCLAIMER: I need to do my ethical duty as an attorney and let you know that this blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any information from this site, you should consult a competent attorney to discuss the specifics of your case.
I am trying to obtain a divorce based on my husbands habitual drunkenness. I cannot find any information on how to file this way. All the information and forms are based on a 1 year continuous separation. Please help me know how to file a fault based divorce!
Hi Melina,
I suspect the reason why there are no “forms” available online is due to added complexity of proving habitual drunkenness as a ground for divorce. The paperwork for filing the divorce on the no-fault ground is pretty straight-forward, but does not differ substantially when it comes to the divorce grounds unless there are other issues involved. If there are additional issues in the case (child custody, child support, property/debt division. alimony) then I would encourage you to speak with a lawyer to make sure all of the issues are taken care of and so you won’t have any problems getting the divorce approved by a judge.