What’s the Fastest Way to Get Divorced in South Carolina?

You Want Out—Here’s How to Make It Happen as Quickly as Possible

You’ve made the decision. The marriage is over, and you’re ready to move on with your life.

Now you’re asking: “What’s the fastest way to get divorced in South Carolina?”

The answer depends on your situation. If you and your spouse agree on everything, you could be divorced in as little as 90 days. But if there’s conflict over custody, property, or support, it could take a year or longer.

Let’s break down the fastest routes to divorce in South Carolina, what makes a divorce take longer, and how Okoye Law can help you get through the process as smoothly and quickly as possible.

Uncontested Divorce with a One-Year Separation

South Carolina has five grounds for divorce, but only one lets you get divorced without proving fault: living separate and apart for one year.

Under S.C. Code § 20-3-10, if you and your spouse have lived in separate residences for at least one continuous year, you can file for divorce based on this no-fault ground.

Why This Is the Fastest Option

No need to prove adultery, abuse, or abandonment. No waiting period beyond the one year you’ve already been separated. If everything is agreed upon, the divorce can be finalized within 90 days after filing.

What “Separate and Apart” Really Means

You can’t just sleep in separate bedrooms and call it separated. In South Carolina, you must live in completely separate homes, not have any sexual relations during the separation, and maintain separate finances and households.

If you reconcile or live together even briefly during that year, the clock resets.

The Second Fastest Option: Divorce Based on Fault

If you can prove your spouse committed one of these acts, you might be able to skip the one-year waiting period:

Adultery

If your spouse cheated, you can file for divorce immediately. But you’ll need solid proof—texts, photos, witness testimony, or an admission.

Physical Cruelty

If your spouse physically harmed you or threatened serious harm, you can file right away. Again, you’ll need evidence—police reports, medical records, protective orders, etc.

Desertion

If your spouse abandoned you for at least one year without your consent, you can file for divorce based on desertion.

Habitual Drunkenness or Drug Use

If your spouse has a substance abuse problem that’s been confirmed by medical or legal evidence, this can be grounds for immediate divorce.

Here’s the catch: fault-based divorces take longer because you have to prove your case in court. Your spouse can contest the allegations, drag out discovery, and turn the process into a battle.

So while fault grounds can speed up the filing, they often make the overall process slower and more expensive.

What If We Agree on Everything?

If you and your spouse can agree on how to divide your property and debts, who gets custody of the kids, child support and visitation, and whether anyone gets alimony, then you can file an uncontested divorce.

This is the fastest, cheapest, and least stressful way to get divorced. You’ll still need to meet the one-year separation requirement (unless you have fault grounds), but once you file, the divorce can be finalized in about 90 days.

How an Uncontested Divorce Works

You and your spouse negotiate a settlement agreement that covers all the issues. Your attorney drafts the agreement and final divorce papers. You file the paperwork with the family court. The judge reviews and signs the final decree. You’re officially divorced.

In many cases, you don’t even have to go to court. Your divorce attorney can handle the filing and finalization on your behalf.

What Slows Down a Divorce?

Not every divorce moves quickly. Here are the most common reasons divorces drag on:

Fighting Over Custody

If you and your spouse can’t agree on who gets the kids, the court will have to decide. That means guardian ad litem investigations, custody evaluations, multiple hearings, and possible trial.

Custody battles can add six months to two years to your divorce.

Disagreements About Property

If you own a house, retirement accounts, businesses, or valuable assets, dividing them fairly can get complicated. You might need appraisals, forensic accountants, and discovery to find hidden assets.

The more you fight over property, the longer it takes.

Alimony Disputes

If one spouse wants alimony and the other refuses to pay, that’s another issue the court has to resolve. Alimony fights often involve extensive financial disclosures and expert testimony.

Your Spouse Refuses to Cooperate

Maybe your spouse won’t sign papers, won’t respond to discovery requests, or keeps asking for continuances. A difficult spouse can drag the process out significantly.

You Haven’t Been Separated Long Enough

If you file before the one-year separation is up, you’ll have to wait—or prove fault grounds, which takes time.

Can I Get a Divorce in Less Than a Year?

Only if you have fault grounds and can prove them quickly. But even then, proving fault usually takes several months.

The only other exception is if you were married in another state that has shorter waiting periods. But you’d have to meet that state’s residency requirements to file there.

For most South Carolina residents, the one-year separation is unavoidable.

What If We’re Still Living Together?

Then you need to move out. There’s no way around it.

One of you has to establish a separate residence before the one-year clock starts ticking. It doesn’t matter who leaves, but someone has to go.

And remember: if you move back in together at any point, the separation period starts over.

How to Speed Up Your Divorce

Even if you can’t avoid the one-year waiting period, there are things you can do to make the process faster once you’re eligible to file:

Agree on Everything Before You File

Work out custody, property, and support issues ahead of time. The more you agree on, the faster the divorce will be.

Use Mediation

A mediator can help you and your spouse negotiate a settlement without going to court. Mediation is faster, cheaper, and less combative than litigation.

Respond to Court Deadlines Quickly

If the court asks for documents or information, get it to them right away. Delays on your end slow down the whole process.

Hire an Experienced Attorney

An attorney who knows the York County family court system can move your case along efficiently. We know the procedures and how to avoid unnecessary delays.

Ready to Start Your Divorce? Let’s Talk.

The sooner you start preparing, the sooner you can move on. Whether you’re still deciding whether to file or you’ve already been separated for a year, Okoye Law can help you take the next step.

Call us today for a confidential consultation.

Frequently Asked Questions

Can I date someone else during the one-year separation?

Legally, yes—you’re still separated. But be careful. If you’re dating before the divorce is final, it can be used against you in custody disputes or alimony negotiations. And if you move in with a romantic partner, that can affect your alimony eligibility.

What if my spouse won’t agree to the divorce?

Your spouse doesn’t have to agree. As long as you’ve been separated for one year, you can file for divorce even if they object. They can’t stop you from getting divorced in South Carolina.

Do I have to hire a lawyer for an uncontested divorce?

No, but it’s a good idea. Even if everything is agreed upon, you want to make sure the settlement agreement is fair and legally binding. A lawyer can also make sure all the paperwork is filed correctly so your divorce doesn’t get delayed.

Can we use the same lawyer if we agree on everything?

No. A lawyer can only represent one spouse in a divorce. But one of you can hire an attorney to draft the agreement, and the other can review it (ideally with their own lawyer).