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.