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How long will it take me to get divorced in South Carolina?

How long will it take me to get divorced in South Carolina?

The fastest that we have ever obtained a divorce on behalf of a client was approximately three hours from the time we were initially contacted. In this instance our client had already been separated for more than one year. Their spouse was in full agreement with obtaining a speedy divorce, and they had no contested or unresolved issues. Due to their special circumstances, and a local Court with a cancellation on that afternoon's docket, we were able to get their paperwork filed and in Court in just a few hours.

Getting divorced in the same day isn't something that most people can expect to happen. Most divorces will take a little longer to complete, but in many cases the process can take as little as 4-6 weeks. In order to qualify for a divorce in a shorter range of time you must meet the following criteria:

  • You must have been already separated for one year
  • You must have no contested issues, and a full agreement regarding property, debt, alimony, child custody\visitation and support
  • You must know where your spouse is and they must be available to accept legal service

In cases where you don't meet these requirements your case will likely take longer. For example if you have lost contact with your spouse, it may take up to ninety days to obtain legal service through newspaper publication. This not only includes the time to run the advertisement, but also to conduct a required preliminary search of public and government records.

If you have contested issues, such as child custody or property division, your case will have to be resolved through a full trial. Depending on the complexity of your case this may involve asking the Court for several hours or even days of time. Some cases may take 1-3 years to be scheduled for trial.

If you have not already been separated for one year then your divorce must be based on a fault ground, such as drunkenness, adultery or physical cruelty. Normally fault grounds are not fully uncontested, meaning that you may have to wait for your case to be scheduled for a contested trial. Again, this is a 1-3 year time frame in many cases.

If you are looking for a divorce in Lexington South Carolina you may contact our office for an initial consultation to discuss your case. Although we do charge for the initial consultation, it will be applied to the fee in the event that you decide to hire our office. Contact us today at (803) 359-3301.


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