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Question:
I am seeking a divorce from my spouse. There are no fault-based grounds for me to file on so I have to wait for the year to pass before I file for divorce. Do I have to file for legal separation in order to start the time running for my divorce?
Answer:
Thanks for your question. I’m sorry to hear that you are contemplating divorce, but to answer your question, no, you are not required to file for a legal separation in order for the time to begin running. South Carolina law requires that in order to obtain a no-fault divorce the couple must live separately for more than one year. So the clock starts to tick the very first day that you and your spouse live in separate residences. It is important to note that your separation cannot be that you have moved into the bedroom down the hall. You must physically live in a different residence from your spouse to start the separation clock.
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