One Year Divorce: When Does the Time Start?

Question: I want to get a divorce from my spouse, but I do not have a ground for divorce.  Do I have to file for legal separation to start the clock running on the one year separation?

Answer: I’m sorry you and your spouse are facing divorce.  In order to get a divorce on the no fault ground for divorce in South Carolina, more than one year’s separation, you and your spouse must live in separate residences.  In order to start the clock running on your one year separation you or your spouse do not have to file for a legal separation.  You only have to live in separate residences.  Now, some people want to just move down the hall and stay in another bedroom.  But, this won’t work in South Carolina.  You must actually live in separate residences.

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