If you are in the middle of a divorce and and wondering how long it is going to take, a divorce attorney in Mount Pleasant, SC, may be able to help you.
The terms “fault” and “no-fault” describe the grounds for the divorce. For a no-fault divorce, a one-year separation period is required. This means that the spouses must have been living apart, i.e., separate houses and no marital relations, for a minimum of one year. If a couple lives separately for a year without reconciliation, then one or the other spouse may file for divorce, as long as they can prove the one-year separation requirement was fulfilled.
A fault-based divorce has no requirement for a separation period. One spouse may file for a fault-based divorce at any time if there has been misconduct by the other spouse which has caused the marriage to break down: for example, adultery, desertion, cruelty, habitual drug use or drunkenness, or conviction of a crime are all valid things to claim in a fault divorce.
The terms “contested” and “uncontested” describe the relationship between the spouses seeking divorce. An uncontested divorce is when both spouses agree on all issues regarding the divorce, such as property division, child custody and support, and alimony. An uncontested divorce is fairly straightforward without many delays in the process.
A contested divorce is when the spouses cannot agree on one or more issues. In a contested divorce, a court will generally need to intervene to resolve the dispute. This will most likely mean a trial or at least a lot of mediation, which will almost certainly extend the divorce process for months or longer.
The spouse who files for divorce must have been a resident of South Carolina for at least one year before they can file. It does not take much time to file a petition for divorce, but it does take time to prepare it. A divorce petition must outline the grounds for divorce and the terms that are being sought: child custody and child support, property division, alimony, etc.
After the divorce petition is filed, the spouse who filed has 30 days to serve the divorce papers to the other spouse. The divorce petition can be served either in person or through certified mail.
The defendant has 30 days to respond. If they do not respond to the petition at all, or if they agree with the terms, then the divorce will proceed uncontested. If the defendant contests any aspect of the divorce petition, then a contested divorce process begins.
In a contested divorce, the next step is the discovery process, which could be anywhere from three to six months. In discovery, both spouses exchange information, such as financial records, list of property and assets, and any other related documents. Their lawyers will also carry out depositions or interrogatories (written questions) at this time, if any are needed, and may negotiate the terms of the divorce, such as how the property will be divided and what child custody and support will be.
If possible, spouses are encouraged to settle their differences before going to court, and for certain issues, mediation is often required by South Carolina law, such as in disputes about child custody or support. A mediation session may take anywhere from two to five hours; sometimes one mediation session resolves everything; other times, multiple mediation sessions may be needed. In mediation, a neutral third party helps both spouses settle their differences. The mediator does not side with either spouse, but facilitates communication.
If negotiations fail, or if mediation is not successful, the divorce case will go to trial. Both spouses will present their case along with evidence and witness testimony. The judge will hear both sides and the arguments about issues that have not been resolved. They will then issue a ruling. A divorce trial could take anywhere from one day to a week or more, depending on the circumstances of the case.
Cases with complex issues, such as how to divide significant assets, or disputes over child custody or support, can last longer. A trial that involves several witnesses or has a number of disputes and motions needing to be filed can also take a much longer time than normal. The length of a divorce trial can also be affected by the court’s calendar; if the court does not have a single block of time available for the case, then the trial may be split into several sessions.
South Carolina law requires that spouses wait a minimum of 90 days between when the divorce petition is filed and when the divorce is finalized. (This does not apply to fault-based divorces, which have no mandatory waiting period.) The 90-day period is a minimum requirement. The actual time needed to finalize the divorce may take longer than 90 days; the divorce then can be finalized at any time the process is finished. However, if the divorce process is completed in less than 90 days, the spouses must wait until the end of the 90 days for the divorce to be finalized.
After all the issues are resolved, whether through settlement without court involvement or through trial, then the court will issue the final divorce decree. This document is the official declaration that the marriage is ended. It outlines the terms of the divorce, including child custody and support, if applicable, how property and other assets will be divided, and alimony, if any.
The shortest timeline for divorce is when both spouses agree on all the terms. If both spouses cooperate and agree on everything, the process can move very quickly. For a no-fault divorce with a one-year separation or mutual consent, the divorce process can take as little as two to six months. However, this timeline is significantly impacted by the amount of assets being divided within the divorce
For an uncontested divorce that has some disagreements, such as about property division or child support, the divorce process may take a bit longer. This is often due to the need for mediation to resolve these issues. In these cases, it may be 6 to 12 months before a divorce is finalized.
If spouses cannot agree on major issues, which are usually things like child custody and support or how to divide the property, the divorce process can take much longer. In a contested divorce, the discovery process, mediation, and often a trial could mean that the divorce takes one or two years, or even more.
A good lawyer can significantly impact how long your divorce takes. If both you and your spouse have your own legal counsel, that can help to speed matters along. If a lawyer is not experienced in family law or is not very speedy, they can add more time to the case, but a lawyer who specializes in this field will know how to avoid unnecessary delays and work efficiently.
If you need assistance with finalizing a divorce, reach out to the Ballinger Law Firm in Mount Pleasant, SC. We also serve the areas of Charleston, North Charleston, Folly Beach, Goose Creek, Hanahan, Isle of Palms, James Island, and Sullivan’s Island. Visit our law office at:
Ballinger Law Firm – Mt Pleasant
858 W Lowcountry Blvd,
Mt Pleasant, SC 29464, United States
Phone: (843) 412 9507
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