The One-Year Separation Rule in South Carolina

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

South Carolina’s only no-fault divorce ground requires spouses to live “separate and apart without cohabitation” for one continuous year. In practice, that generally means separate homes and no resumption of the marriage for a full year, which can be completed before you file. Once the year has passed and the case is filed, there is no extra three-month waiting period, so an uncontested no-fault case can move relatively quickly.

What the law says

S.C. Code § 20-3-10 lists five grounds for divorce. Four are fault grounds (adultery, desertion for one year, physical cruelty and habitual drunkenness). The fifth is “living separate and apart without cohabitation for a period of one year.” Neither spouse has to prove the other did anything wrong. Either spouse can file once the year has passed, even if the other spouse does not want the divorce.

For a comparison of the two approaches, see Fault vs No-Fault Divorce in South Carolina.

What “separate and apart” means

The statute does not define every detail, so courts look at the facts. As a general guide:

• Separate residences are generally expected. Living in different rooms of the same house is risky, because it is hard to prove and may not satisfy the judge.
• The marriage should not be resumed. Acting as a married couple, such as living together again or presenting yourselves as reconciled, can put the separation in question.
• The year should be continuous. The clock runs from the date you began living apart, not from when you decided to divorce or when you filed.

What about spending a night together?

This is one of the most common questions. There is no simple rule that one night together automatically restarts the clock. Whether cohabitation actually resumed is a question for the judge, based on all the facts. But spending nights together, taking trips as a couple, or moving back in “to try again” can put your separation date in dispute. If your spouse contests the date, you may face an argument that the year has not run.

If you are considering reconciling, read What Happens If You Reconcile During a South Carolina Divorce? The safest course, if you plan to rely on the no-fault ground, is to avoid behavior that blurs the date and to talk with a lawyer before resuming contact of that kind.

Things that usually do not stop the clock

Separated spouses often still deal with each other. Generally, the following do not by themselves mean you have resumed the marriage, although every case turns on its facts:

• Exchanging the children and attending their events
• Communicating about bills, the house or the children
• Continuing to share a health insurance plan or a phone plan

Even so, keep things businesslike and keep a record of the separation date.

Proving the separation date

At the final hearing, you will usually testify about when you separated. South Carolina family court judges generally expect that testimony to be backed up, usually by a witness other than you and your spouse. Practice varies by judge. A corroborating witness is often a friend, relative or neighbor who knows you have lived apart and roughly when that began.

Helpful evidence of the date can include:

• A lease, deed or utility account showing your new address
• Mail, bank statements or a driver’s license with the new address
• Texts or emails around the move-out date
• A witness who helped you move or who visits your new home

Learn more in Do You Need a Corroborating Witness for a South Carolina Divorce?

Timing: no three-month wait after filing

Under S.C. Code § 20-3-80, a final decree generally cannot be entered until three months after filing. But there is an exception: for divorces based on desertion or one year of separation, the hearing and decree may happen once the defendant has filed an answer or is in default, whichever comes first. So the three-month wait applies to adultery, physical cruelty and habitual drunkenness cases, not to a one-year separation case.

That does not mean every no-fault case is fast. Disputes over custody, support or property can take much longer to resolve. Our article on the South Carolina divorce waiting period covers timing in more detail.

Can you file before the year is up?

You generally cannot obtain a no-fault divorce until a full year of separation has passed. But you do not have to wait to resolve other issues. During the separation, a spouse can ask the family court for an order of separate support and maintenance, which can address custody, child support, alimony and use of the home. Spouses can also sign a written agreement and ask the court to approve it. Later, the divorce itself can be granted on the no-fault ground once the year has run.

South Carolina does not have a “legal separation” status in the same way some states do, but these separate maintenance actions serve a similar purpose. See Legal Separation in South Carolina.

Residency still applies

The one-year separation is separate from the residency rule. Under S.C. Code § 20-3-30, the plaintiff must have lived in South Carolina for one year before filing, or three months if both spouses live here when the case is filed. A plaintiff who lives out of state can still file here if the defendant has lived in South Carolina for one year. The separation year and the residency period can overlap.

The court’s reconciliation step

Under S.C. Code § 20-3-90, the judge must make an earnest effort to reconcile the parties and state that the effort failed, except in a default case. In practice, this often takes the form of questions at the final hearing about whether the marriage can be saved.

One-year separation and simple divorces

For couples who have been apart for a year and have no children and no property or debt to divide, the South Carolina Judicial Branch publishes self-help forms for a simple divorce. If you have children, retirement accounts, a home or disagreements, it is usually wise to get legal advice, because the decree will control those issues going forward.

Quick reference

For an overview of every step, visit the South Carolina Divorce Guide.

Frequently Asked Questions

Can we live in the same house and still be separated in South Carolina?

It is risky. South Carolina courts generally expect separate residences for the one-year no-fault ground, and living under the same roof makes the separation hard to prove.

Does sleeping together once restart the one-year clock?

There is no automatic rule. Whether cohabitation resumed is a question for the judge. But nights together or trying again can put your separation date in dispute.

Can I get a no-fault divorce if my spouse does not agree?

Yes. Once you have lived separate and apart for one year, either spouse can file on the no-fault ground. The other spouse does not have to consent.

Is there a waiting period after filing for a no-fault divorce?

The three-month waiting period in S.C. Code § 20-3-80 does not apply to one-year separation cases. The hearing can happen once the defendant has answered or is in default.

What can I do about support during the year of separation?

You can ask the family court for an order of separate support and maintenance, which can address custody, support and the home before the divorce itself.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce, alimony and property)
• South Carolina Judicial Branch: Court Rules (Family Court Rules, SCRCP, ADR Rules)
• South Carolina Judicial Branch: Self-Help Resources