In South Carolina, if you want a no-fault divorce, you must live separately and apart from your spouse for one full year without living together at all. That is the rule.
If a person wants to seek a no-fault divorce, the law says the husband and wife must live in different homes for one continuous year. They cannot stay under the same roof, not even for a short time. If they move back in together for even one day, the year starts over again.
South Carolina also allows fault-based divorce, and those do not require the one-year separation first. In this article, we’ll be going over the separation requirements that apply to no-fault divorces.
Do You Have to Live Apart for One Year for Every Divorce?
No. The one-year separation is required only for a no-fault divorce.
If you file based on fault, you do not have to wait one year. The law lists four fault grounds:
- Adultery
- Physical cruelty
- Habitual drunkenness or drug abuse
- Desertion for one year
If you prove one of these in court, you can file without completing a one-year separation first.
What Does Living Separate and Apart Actually Mean?
Living in separate bedrooms inside the same house does not count. Sleeping on the couch does not count. The court looks for real separation.
The separation must be:
- Continuous for twelve months
- Without living under the same roof
- Without cohabitation
- Voluntary
If spouses move back in together even for one day, the year starts over. Shared bills do not automatically ruin separation. But staying overnight together can. The court checks whether the spouses truly lived separate lives.
What Happens If You Reconcile for One Day?
The clock resets. If you are trying to qualify for a no-fault divorce and you move back in together or resume the relationship, even briefly, you must begin counting the twelve months again from the start.
That includes intimate relations. That includes living together again. The law requires one continuous year. Not broken pieces added together.
Is Legal Separation the Same as Divorce in South Carolina?
No. South Carolina does not recognize legal separation as a separate marital status.
You are either married or divorced. There is no middle category. However, the court can issue an Order of Separate Support and Maintenance. This order can decide:
- Child custody
- Child support
- Alimony
- Property division
- Responsibility for debts
This order does not end the marriage. It only manages issues while spouses live apart.
It also does not replace the one-year separation requirement for a no-fault divorce.
What Are the Residency Requirements Before Filing?
Before filing for divorce in South Carolina, residency rules must be met. If both spouses live in South Carolina, at least one spouse must have lived in the state for three months before filing.
If only one spouse lives in South Carolina, that spouse must have lived in the state for at least one year before filing.
Without meeting residency rules, the court cannot grant the divorce.
Can You Date During Separation?
You are still legally married during separation. So, dating without a signed settlement agreement and court order can lead to an adultery claim. Adultery can affect:
- Alimony
- Property division
- Child custody decisions
A spouse who commits adultery before a written settlement agreement or permanent support order cannot receive alimony.
Separation is not freedom from marriage. Not yet.
How Does Separation Affect Custody and Support?
Separation does not pause responsibilities. Parents must still provide for children. The court decides custody based on the best interests of the child. Judges look at who has been caring for the child during separation.
Child support is calculated under South Carolina guidelines. Temporary orders may be issued to protect stability while waiting for a divorce.
Key Takeaways
- One full continuous year of living in separate homes is required for a no-fault divorce.
- Fault-based divorce does not require a one-year separation.
- Living in the same house does not count as separation.
- Reconciliation for even one day restarts the twelve-month clock.
- Residency rules must be met before filing.
Separation does not end financial or parenting responsibilities.