Waiting period (South Carolina)I have read that there is a 6 month wait to be divorced in South Carolina AFTER papers are served to my spou...

Question

Waiting period (South Carolina)

I have read that there is a 6 month wait to be divorced in South Carolina AFTER papers are served to my spouse and her response is recorded with the court. I'd like to know if I cannot remarry for another six months after filing with the courts.

My wife and I have already been seperated over the mandatory 12 month waiting period for an uncontested divorce, surely we do not have to remain married for ANOTHER six months?

Answer

Re: Waiting period (South Carolina)

You have been misinformed. There is no mandatory waiting period for a "no-fault" (i.e. one year separation) divorce. Hearings in those cases can be held as soon as the other person files responsive pleadings and a hearing can be scheduled.

In fault-based divorces, there is a 90 day waiting period between the date of filing a the date of the final hearing.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens