This is a hard question to answer because it contains many variables. But, I can help provide some general guidelines so you can get an idea of how long the typical uncontested divorce takes in South Carolina.
Like I mentioned in a previous post, I practice primarily in Greenville County, South Carolina so I can speak more authoritatively on how long it takes in Greenville. Most other counties will have similar time frames, but they do vary from county to county.
This also assumes that your case is truly uncontested, meaning you and your spouse agree that there are no issues for the court to resolve except for actualy divorce (i.e. no property to separate, no children together, or you have reached a written agreement on all of these issues).
First, the complaint is prepared by the attorney and filed with the Family Court. Once the complaint is returned by the Court, it must be served on your spouse. This can be done in person or by certified mail. It could also be done by publication, but that complicates things a little for this post. Look for a post about service by publication coming out soon. It may take a week or two to get the paperwork prepared and ready for service. Then, depending on the procedure used for serving your spouse, it may take a day or so or possibly weeks. In many uncontested divorce matters the spouse will come to my office to be served by my paralegal which is much quicker.
Once your spouse is served with the paperwork, he or she will have 30 days to answer or they will be considered to be in “default.” If they agree with everything in the complaint, they will be able to sign an answer that says they agree with everything and we can request a hearing.
At this point we are at the mercy of the court and we must wait on them to schedule our case on the court docket. This part could take six weeks or longer to get scheduled. This time varies widely from county to county depending on the number of family court judges the county has, the time of year, and the number of other cases going on at the time.
Once your case is set, we will go to a Final Hearing and you will be divorced. Typically, a truly uncontested case where everyone agrees and works together takes about three months. I have seen them happen faster, and I have seen them take much longer. I hope this helps give you an idea of how long your case might take.
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Great Post.
What if your spouse is unable to be found? I have been seperated for years and I know the divorce would be uncontested, but I have no idea where he could be.
Hi Jordan,
Thanks for your comment. If your spouse is unable to be located you can file for divorce in the county where you live and request to serve your spouse with the divorce papers by publication. This process involves you doing a search for your husband where you exhaust all avenues of trying to find him. At the conclusion of your search you prepare an affidavit of what you have done to attempt to locate your spouse. At that time you file a motion with the family court to allow the service by publication. A family court judge must approve the publication request before this is valid service. After that, the publication is is run as a classified legal ad once per week for three weeks. Then there is a 30 day waiting period. After that, you can proceed on through your divorce as if you had served your spouse any other way. I hope that helps!
As always, 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.
In a uncontested divorce do I have to be there for the final hearing. He drinks so I really want out as soon as possible..
Hi Marie,
Thank you for the question and I’m sorry that you are having to contemplate leaving your marriage. An uncontested divorce means that there are no issues (child custody, visitation, support, alimony, and division of property and debts) and is typically filed on the grounds of more than one yard continuous separation rather than a fault-based ground. If you file for divorce you must be present at the final hearing in order to get a divorce. You must also have a t least one witness who can corroborate your divorce grounds.
I hope that helps!
Tripp
I am preparing the papers for a friends divorce. He hasn’t seen her in 20 years (he didn’t know they were still married) She can’t be found. Do I give the motion for publication along with the complaint for divorce papers…at the same time? Also, the affidavit showing you have exhausted all means, is there a form for that?
It doesn’t seem to me that the Financial Declaration Form would matter in this case but maybe so??
Thank you
Dana
PS sorry for being a pain
Hi Dana,
Thanks for your question. Typically, I prepare the motion for publication and associated documents after I have filed the action because the judge usually wants us to attempt to serve the defendant before requesting to serve by publication. There is no formal form the affidavit needs to be in. I would recommend type-written and double spaced to make it easier for the Judge to read. I would prepare a financial declaration for the event that the Judge at the final hearing might ask for it. Typically, if there are no financial issues or issues surrounding a child there is not a reason for a financial declaration but being caught unprepared would be bad.
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 have an uncontested divorce. All child support and custody has been agreed upon. I don’t expect my spouse to show up at the final hearing. Does she have to be there for the final hearing? If she doesn’t show will I still be awarded the divorce.
Hi Monte,
You will be able to have your divorce finalized without your wife being present; however, be sure that you have any witnesses there you need to corrorborate your case. For instance, if you are getting a divorce on the grounds of being separated for more than one year continuously, then you should make sure that you have a witness that has known you for at least one year who can confirm that.
My huband has been in federal prison for over 1 year. He will be getting out on December 1. I want to get a divorce as soon as possible. It will be uncontested. When can I start this process? Do I have to wait for him to get out of prison? How long will it take? I really do not want him around when he gets out.
Thanks for your question. Depending on when you and your husband separated, you could proceed with the divorce while he is still incarcerated. In South Carolina, you must be able to prove that the separation was voluntary. That means if you and he were still happily married and living together when he was put in jail, then the one year separation has not started yet and will start once he gets out of jail. If, however, you were separated when he went to jail, you can serve him papers now and start the process. If the case is uncontested and he signs off on all of the papers, you can move ahead. If he does not sign the papers, then you could be responsible for paying for a Guardian ad Litem to represent his interest since he is incarcerated and cannot retain his own attorney. I hope this helps!
My wife and I have been married since December and she just found out that we are 9 weeks pregnant with child. We have nothing in common. And we’ve agreed to get a divorce. We have no assets together. Are we eligible for a uncontested divorce? We want nothing from one another just to move on. And another question, do we qualify for an annulment? We need this done as soon as possible. We live in the Summerville area. Thank you much.
David,
Thanks for your comment. You probably do not qualify for an annulment – those are pretty difficult to obtain in SC – especially after you have lived together. An uncontested divorce means you have no issues to decide (either because there are no children, property, debts, assetes, etc.) or because you and your wife have worked everything out together and have a separation agreement. Also, the divorce is typically filed on the no-fault ground of living separate and apart for more than one year. I would suggest that you consult with an attorney in Summerville to assist you with the specifics of your case.
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.
My wife and I separated two weeks ago. She wants to live in Ohio and is currently doing so with my son. We have lived here for the past 6 years in SC. The laws of Ohio are way different than the laws here in SC especially when it comes to visitation rights. I am wondering when can I file for divorce here. The laws in Ohio state she has to be a resident for 6 months before she can file there. I am hoping to be able to file here before she does so the proceedings are under SC law and not Ohio. Can I do that? What is my time frame? I know nothing is settled for at least one year but I want to make sure I file as soon as I possibly can.
Tripp,
I am in a similiar situation as Monte. My “wife” and I have been separated since Father’s Day of 2009. I am already paying child support for my daughter. Does this constitute as a no-fault divorce, also? And could she “contest” this even though we have never lived together for no more than 2-3 months in the 4 years that we have been married.
Hi Kevin,
There is no defense to a divorce on the grounds of more than one year’s continuous separation except to be able to prove that you have lived together in the last 12 consecutive months. Short of that, your wife can’t stop a divorce on the “no fault” ground of one year’s separation. If the child support is already a court order, that would be one less issue to worry about in the divorce case, but there are remaining issues such as custody, visitation, division of property and debt, and alimony that must be resolved either by agreement or trial.
Thanks,
Tripp
I was married june 8 ,and due to my husbands violent temper,i chose to leave on aug the 11.How long do we have to be live apart to get a divorce in S.C.?
If there is a fault-based ground for divorce (physical abuse, habitual drunkenness, adultery, abandonment) then you could get a divorce in as little as 90 days; however, if there is no fault-based ground, you will have to be separated for 12 months to get a divorce.
I filed my answer to his petition for divorce and we agreed on all terms. (Every issue was already resolved at the legal separation hearing over a year ago.) Since I (the defendant) have already provided my answer/agreement to the divorce and terms, is it ok if I do not attend the final hearing? Or will the Judge expect for me to be there and frown upon my absence? Your input is appreciated. Thank you.
Hi Kim,
I always encourage people to attend the final hearings; however, if everything is filed properly and you have been given proper notice of the hearing a final hearing can be held and a divorce granted without the defendant being present at the hearing.
Thanks for reading!
Tripp
Tripp,
I was married Sept. 2009 within that next month we were unhappy. I was called and asked if i wanted to go to training for the Airforce in Oct. 09 so I agreed to go to get away from living with my husband. He also agreed that he wanted me gone. When I got out of training in December 09. I went back to the home when he wasn’t there and got all of my personal belongings, there was nothing out of the marriage that I wanted. I haven’t lived in the same home since Oct 09. I was voluntarily in Texas up until March ’10 once I got back I stayed with a friend til I could afford to get my own place. The question is when can I say the actual separation started? Or has it?
Hi Raven,
Thanks for your question. Your date of separation reverts back to when you and your husband voluntarily separated and stopped living together. Based on what you’re telling me it sounds like you guys separated in October 2009. Sometimes military service would prevent the starting of the separation clock like if you guys were good (as far as you knew) then you were deployed to Afghanistan for a year – that wouldn’t necessarily be a voluntary separation. But since you both wanted to separate and you took that training opportunity as a chance to get out of the house I say that is a good separation date.
My husband and I have been separated for three years. He is stationed overseas on active military duty. I filed for divorce this year and served him. He has the paperwork and says he will bring it home with him when he comes next week for Christmas. He will be home for only 30 days. We really don’t want to have to go to court. We just want this over. I have heard that it can be done, or is that not true. Can you tell me what we need to do to skip all of the court stuff (if it can be done)? It’s uncontested, and we agree on everything.
Thank you!!
Hi, I got married in may 2004 I left my husband in Sept. 2004 due to constantly being drunk and almost dying in an accident do to his drinking. i have lived in sc since 2007. Can I file for a divorce here in sc due to his drinking and how long would that take?
I got married in a different state with my husband,i moved back to my hometown and now i am in a process of getting a divorce, we have agreed on everything he even signed the divorce papers, but the thing is that i dont think my spouse will show up at the final hearing because he don’t leave here, will it make my divorce go further or will it be final? please help me..
Hi Kate,
Thanks for your question. You can move forward with your final hearing even if your husband doesn’t show up at the hearing as long as you properly sent him notice of the hearing (certified mail return receipt requested). Be sure you have your witness present who can corroborate your one year separation.
My wife and I are trying to get a divorce, i am in the army and stationed overseas at the moment. We did a simple divorce and filled the papers out by ourself. This divorce would be uncontested and we have been seperated for over a year. What is the next step i should take, and what papers should i have to make this divorce as fast as possible? I am a resident of greenville county and can not attend court at this time. But my spose would be able to . Thanks Skysoldier
Why does it take so long for a no fault divorce, but not long if you want to “drag” your spouse and family “through the mud?” I have lived in a miserable marriage for years, my husband has moved out, and has contact with a mail-order bride, which I think is probably a scam. He had problems before our marriage that I knew nothing about and has had “problems” most of our marriage that I kept secret by trying to forgive, rather than divorce. I want out with no “mud slinging” and so does he. Why should I being penalized further? Why do I have to wait 1 year from the time he moved out to file for divorce? Mentally, he moved on from me years ago. It just doesn’t seem fair. I find this both frustrating and stressful. It would seem that the courts would appreciate and reward parties for not faulting each other and being able to settle their differences without the court’s help, by granting a quick and easy divorce. Isn’t there any way I can get a no fault, uncontested divorce sooner?
I filed for divorce over a year ago, after being separated for 9 months. I found out, while we were separated, that he got a woman pregnant. I was able to prove drug abuse and now he, his girlfriend and their child live together in another state. BUT my divorce is not final. He did hire an attorney, but now admits everything. Why am I still married?????
I want to divorce my ex we have been separated since 2004 when I moved to sc with my boyfriend how long will it take?
What if one spouse is in the military, we got married in Florida but One is in South Carolina in the military and the other lives in Texas, completely mutual agreement, no complaints or anything between us. How will we go about filing for divorce. Since neither one of us can really be in the state where the other is?
How much does an uncontested divorce cost. My sister will be going through with one soon and has no money.
Hi Velvet,
The cost for a divorce case varies depending on the number and complexity of the issues involved in the case and the desired relief your sister is looking for. Costs can range from less than one thousand dollars to many thousands. I would encourage your sister to call and set up an appointment to discuss her case. At that time I can learn more about the facts/issues and can quote her a fee.
Thanks,
Tripp
My wife and I decided a divorce that has mutual understanding between us, uncontested for the sake of our austic son. Our son will be with me five days and her two days. We both asking nothing from each other. No child support and no alimony etc. I told by her the divorce within 6 months or less. Seperated October 1 2011. I praying it don’t take a year for a divorce.
Hi David,
Unfortunately, I have some bad news for you. Short of having a fault-based divorce ground (Adultery, Physical Abuse, Desertion, Habitual Drunkenness) the only way to get divorced in South Carolina is to have been separated and living in different residences for more than one year.
Tripp
I am doing a uncontested divorce my spouse and I have been separated for almost 3 years now. But in that time he has moved and I have been trying to get in touch with him to get a divorce but I have no clue where he is or where he moved to. I already have my papers but I just need to know what should i do now? Just file them with the court, and see if they can find him. If not can i just run an ad in the paper and be done with this. I am just ready to move on and be done with this!
Hi Kendra,
Once you file your divorce papers, you are required to serve your husband. If you do not know where he is living, then the court may allow you to serve him by publication which means that you run an ad in the paper where he was last known to reside. The court will require you to prove by affidavit that you have made a diligent search for your husband prior to filing your motion for publication. Unfortunately, the Court will not provide any assistance with locating your husband or helping you find him.
I usually suggest that my clients begin searching in the phone book, county tax records, other court records to see if there are any civil or criminal actions pending, the local jails, power and water companies to see if there are any accounts in your husband’s name, etc. You can also check online in places like Facebook, Twitter, Google, etc. to see if you can locate any information about your husband’s whereabouts. I think all of that will be necessary to do before you file your motion for publication. The other thing you can do is hire a private investigator to assist in locating your husband. They seem to have many tools that help track people down.
I wrote a general post about this a while back about service of process by publication: