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.
I would like to divorce my husband on grounds of adultery, I have proof of him admitting such as well as pictures, phone records ect. is there any way around the year long separation process with such evidence?
Hi Danielle,
The one year separation only applies when you are seeking a divorce on the no fault divorce ground of being separated for more than one year without cohabitation. If you can prove adultery, a divorce could be obtained in as little as 90 days depending on the other issues that remain.
Hello, I have been seperated from my husband from March 5th 2010. We have not signed any papers, we have them drawn up, but, not signed. When a year comes around – March 2011 or so, can we still file for a divorce even if we had not signed the intial seperation papers?
Hi Lucy,
You do not have to do anything formal like signing separation papers to begin the one year separation. The “clock” will start the day that you and your husband begin living in separate residences (not just in separate bedrooms or parts of the same house).
Thanks for checking out the site!
Tripp
Tripp, thank you for your response. Yes, we are seperated, we can prove it
… with lease agreements and witness etc. The issue was that he was refusing to sign the papers. One last question, so, the details of the seperation agreement, are not binding since it was not signed? There is nothing major in the agreement, but, my question is, can he hold me to anything that is in there……. ?
Thanks again!
Lucy
Hi Lucy,
Once you file for divorce, you just need to get him served. After that, if he continues to refuse to work through the divorce process many times you can move on without him when he goes into default.
As to your other question, neither of you can hold the other to the separation agreement since it was not signed.
Thanks,
Tripp
To get a divorce from my husband on the grounds of habitual drunkenness, what prove to I need to have? He has been arrested for a DUI/ DUS and drinks a lot daily and has been admitted to the hospital for “accidental” overdose.
Hi Natalie,
Generally, you must prove that your spouse has a fixed an continuous drinking habit and that this has caused the break up of your marriage. All of the proof you describe would be used along with witness testimony of people who have seen him consistently in his drunken state. I’ll try to do a more detailed post on this soon.
Tripp
This blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any legal advice from this site, you should consult a competent attorney to discuss the specifics of your case.
Hi, I have independent corroboration and proof that my wife committed adultery. She also admits it. We have worked out all terms and intend to go uncontested. We have been living separately for 4 months now, but have yet to file. Does the 90 day waiting period start when we file or did it start when we began living separately? Thanks!
Hi Bryan,
Thanks for your question. The 90 day period starts the date of filing. So that means once you file for divorce you will have to wait an additional 90 days before a final hearing can be scheduled.
Thanks,
Tripp
A question on divorce. My wife admitted an affair while out of state in NJ. She continues to have a relationship by text and email. I would like to get divorced due to her adultery. I have photos of some of her texts and she admits the affair. What type of witness do I need to “prove” her affair or or the images enough? Is a local friend who knows our details enough. Thanks chris
what do you really need to prove that your other half cheated to get a separtion or even a divorce? i dont have pictures and he is a liar told me but i kno wont admit it in court. what should i do
Hi Kait,
I wrote a post about the standard of proof for adultery and what you are required to show to get a divorce on adultery grounds. Luckily, x-rated photos or videos are not necessary as the court recognizes the clandestine nature of most affairs. Here is a link to my previous post:
http://www.upstatefamilylawblog.com/proof-of-adultery/
Tripp
What options do you have if your spouse won’t leave and you can’t afford to move out? I also can’t afford a private investigator to get proof of adultery.
I have been separated for 2 years, so mine is cut and dry, no fault. However, 5 years ago, my boyfriends wife, put him out of his home, and a week before he left, she moved another man in. She told him that she didn’t love him, and was in love with this other man. He doesn’t want anything from the marriage, has even given her the home. He just wants out. She refuses to even discuss divorce, as she feels he should take care of her for life. Now, her boyfriend does not work, and she is on disability. What can he do to get out of this marriage, without a fight. Again he wants nothing, except to put his car in his name. it is currently in hers.