Divorce is can be complicated depending on the laws in the state that you are living. In South Carolina, there are often stipulations about divorce that many married people are unaware of when seeking a separation. Divorce laws in South Carolina have historically required that a married couple live together for a specific amount of time; however, that conversation is up for debate after a proposed amendment was voted through the House Judiciary Committee in February.
The current law states that South Carolina residents must be separated for one year before they are able to obtain a no-fault divorce, which is a divorce in which neither party is required to show evidence of wrongdoing by their partner. Proponents of pro-fault divorces have connected them with greater health for the parents and the family, as well as a decrease in incidents of domestic violence. Similarly, if residents in South Carolina experience physical abuse, adultery, or desertion they are able to file for a divorce after only 90 days.
The current proposal, which is an amendment to allow couples to divorce after 150 days of separation, would significantly shorten the lengthy time currently required.
The state is a minority in the area around its conservative divorce policy, trailing behind more progressive policy in Georgia, which currently has no time requirement for a no-fault divorce, as long as one of the partners lived in Georgia for at least six months. South Carolina has had a long history of conservative policy on divorce, which was illegal in the state until 1949. The law in South Carolina did not allow no-fault divorce until 1969, which was then say at three years.
The conservative policies regarding divorce were made in hopes to support people to solve their differences and get back together; however, attorneys have said that for many couples the requirements have just lengthened an already painful process. The amendment vote just passed the House Judiciary Committee 12-11 and the House Majority Leader, Bruce Bannister, has been in favor of the bill citing the hardship it causes children who are living in unhealthy households. In addition, attorneys have said that no-fault divorce is the most common in the state, rather than fault divorces, which means the law would help to make improve the experience of all parties involved.
Although you currently have to wait a year after separation to obtain a no-fault divorce, Sarji Family Law is here to walk you through the process. We are here to support clients both in fault and no-fault divorces. Divorce can often bring up difficult topics, like property distribution, child custody, child support, visitation rights, alimony, as well as fees associated with court and lawyers. If you are eligible for no-fault divorce you may also look into mediation, which is often a softer experience where each party signs a Separation Agreement that is approved by the court. If it is a no-fault divorce a mediation process can also be less expensive. If you are interested in learning more about fault and no-fault divorces you can call 843-323-43411 to get in touch with a Charleston divorce lawyer.