If you currently live with your spouse, but are hoping for a divorce in South Carolina— it’s important that you understand quickly that a family court quill be quite hesitant to let you move forward. In South Carolina specifically, before filing divorce papers, a couple must legally separate first. Of course, with most any rule, there are exceptions. But what exactly must be going on for the court to consider making that exception?
Filing Divorce Papers & Living Together in SC? Exceptions to the Rule
Generally, SC requires that spouses separate for one full year before filing divorce papers. This time spent separate must be continuous, and must include no physical contact. So, no nights spent together for old time’s sake. Not even sleeping in separate rooms of the same home. For the judge to grant a divorce, there are certain guidelines you must meet. However, if you are filing divorce papers before that one-year requirement, you have to have a compelling case…
What circumstances cancel out the one-year rule?
There are a few exceptions to these divorce requirements. These exceptions are situations in which the need for divorce is more urgent. Family courts will only hear divorce cases before one year if it involves one of the following issues:
- Adultery
- Habitual drunkenness
- Physical cruelty
Any one of these issues provide the grounds for your filing for divorce before that period. They are among the fault-based grounds one can claim. At-fault grounds for divorce essentially say that one party is responsible for the demise of a marriage.
As you are probably quite aware by now, SC family court does not take divorce lightly. Therefore, it takes a special set of circumstances to make them consider a speedy one. Divorce is difficult, emotional, and even more so when you have to wait a whole year. If you meet any of these requirements, and would like to file quickly— it’s important that you speak with an experiences family attorney. The process is difficult, but you don’t have to go at it alone.