Is there a way to get out of the one year no-fault ground rule in South Carolina?

UPDATED: Oct 1, 2022

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Is there a way to get out of the one year no-fault ground rule in South Carolina?

My husband and I are looking to get a divorce.
We moved here the last week of August 2017,
so according to South Carolina we are now
residents live in SC for 90 days. Which
means that we have to participate in the no-
fault ground rule and be separated for one year
before filing. We have already split our
belongings and we have no children or
properties together. Is there anyway around

Asked on November 27, 2017 under Family Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Apparently not.  South Carolina is very strict about this one year rule of living separate and apart for the year.  They do not want to make it easy for peopel to get divorced there. There are fault grounds but one party would have to admit being a cheater or drunk or drug user or having been habitually cruel or deserted the other.  You could apply to the court for a legal separation but I would sit with an attorney in a consultation basis and see the best route for you.  Good luck.

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