“Legal” Separation for South Carolina No-Fault Divorce

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.

Comments

  1. sheilah r says:

    If I live in South Carolina, and have leased my own apartment away from my husband, can I date before the one year is up to file for divorce?

  2. My husband and I have been separated for almost 10 years. What do I do to make it legal?

    Thank You,

  3. Hi,

    How would I prove that my wife and I have been separated for 1 yr? We want to divorce but we have not separated yet. She plans to go back to Mexico with her family for one year, maybe stay there permanently. How would i prove one year later that we have been separated such time? Also, can we do divorce proceedings with her being in Mexico and me here in South Carolina?

    Thanks so much,
    Alex

  4. Tracey Holloway says:

    My husband filed for Divorce and it said if I agree with everything then I don’t have to do anything. So I agree and now I’m just waiting. I just won’t to know how long do I have to wait before I can marry again?

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