What Happens If You Reconcile During a South Carolina Divorce?

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

If you and your spouse reconcile during a South Carolina divorce, the case does not end on its own, but your plans may change in important ways. Getting back together can put the one-year separation date for a no-fault divorce in dispute, and forgiving a spouse’s misconduct can weaken a fault-based claim. You can usually ask the court to dismiss or pause the case, and some couples sign a postnuptial agreement to set ground rules for trying again.

South Carolina law encourages reconciliation

Under S.C. Code § 20-3-90, before granting a divorce the judge must make an earnest effort to reconcile the spouses and must state in the order that the effort failed. The only exception is a default case, where the other spouse never responded. In practice, this often means the judge asks at the final hearing whether there is any chance of saving the marriage.

If the honest answer is yes, the judge may not be able to grant the divorce that day. So it is worth thinking about where you stand before the hearing.

Reconciling and the one-year separation

South Carolina’s no-fault ground requires living separate and apart without cohabitation for one continuous year. If you move back in together or resume the marriage, that can interrupt the separation. Whether cohabitation actually resumed is a question for the judge based on all the facts. There is no rule that one night together automatically restarts the clock, but spending nights together, taking trips as a couple or living together again “to see if it works” can put your separation date in dispute.

For example, a couple who separated in January, moved back in together in June, and split up again in August may face an argument that the year began in August, not January. Read more in The One-Year Separation Rule in South Carolina.

Reconciling and fault grounds: condonation

If your case is based on a fault ground, such as adultery or physical cruelty, reconciling can affect it in a different way. South Carolina courts recognize a defense called condonation. In general terms, condonation means forgiving the misconduct, usually shown by resuming the marital relationship with knowledge of what happened. A spouse who forgives the other’s adultery and goes back to the marriage may have a harder time later relying on that same adultery as a ground for divorce.

Condonation is generally treated as conditional. Later misconduct may revive the earlier conduct as a basis for divorce. How this works depends heavily on the facts, so get advice before relying on past misconduct after a reconciliation. See Defenses to a Fault-Based Divorce in South Carolina.

What happens to the pending case?

A filed divorce case stays open until the court acts on it. If you reconcile, you generally have a few options:

• Dismiss the case. The spouse who filed can ask the court to dismiss it. If the other spouse filed a counterclaim, that claim may need to be dismissed too, or it may continue.
• Pause the case. Some couples ask the court for time while they try counseling. Whether the court allows a pause depends on the court and the case schedule.
• Keep it moving. Some people continue the case while they try again, for example to keep temporary orders in place. Talk with a lawyer about the effect this can have on grounds and on the reconciliation finding the judge must make.

Remember that mediation and court deadlines keep running while a case is open. Do not simply stop responding.

What happens to temporary orders?

A temporary order on custody, support or use of the home stays in effect until the court changes it or the case is dismissed. If you move back in together, a temporary support order may no longer fit your situation. Ask a lawyer how to handle it, rather than ignoring the order. Unpaid amounts under a court order can create problems later if the reconciliation does not last.

What about a signed settlement agreement?

If you signed a marital settlement agreement before reconciling, whether it still applies later can be a complicated question. Some agreements address reconciliation directly, and some do not. If you plan to reconcile after signing one, ask a lawyer whether to keep, revise or formally cancel it. Learn more in Marital Settlement Agreements in South Carolina.

Postnuptial agreements: setting rules for trying again

Some couples who reconcile sign a postnuptial agreement. A postnup is a written contract between spouses, signed after the wedding, that can address how property and debts would be handled if the marriage ends later. For a spouse who feels financially exposed by going back, a postnup can provide some certainty.

For a postnup to hold up, each spouse should generally have time to review it, full disclosure of the other’s finances, and their own lawyer. Courts look closely at whether an agreement was fair and voluntary. Our page on postnuptial vs. prenuptial agreements explains the differences.

Practical steps if you are reconciling

1. Tell your lawyer before you move back in or resume the relationship.
2. Decide whether to dismiss, pause or continue the case.
3. Review any temporary orders and agreements already in place.
4. Keep copies of the financial records you gathered, in case things change.
5. Think about a postnuptial agreement if money was a major source of conflict.
6. Consider counseling, either individually or as a couple.

If the reconciliation does not work

If you separate again, you can generally file a new case or continue an open one, depending on where things stand. If you plan to rely on the no-fault ground, the one-year separation period may need to be measured from the later separation. A fault ground may still be available, depending on the facts and whether condonation applies. Write down the new separation date and who can confirm it.

Reconciliation and safety

If there has been abuse in the relationship, reconciliation decisions are especially serious. An order of protection is a court order and only the court can change it, even if both spouses want to reconcile. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

For a full overview of the divorce process, visit the South Carolina Divorce Guide.

Frequently Asked Questions

Does moving back in together restart the one-year separation?

It can put the separation date in dispute. There is no automatic one-night rule; the judge decides whether cohabitation resumed based on all the facts.

Can I still divorce on adultery if I forgave my spouse?

Forgiving the misconduct and resuming the marriage can support a defense called condonation. Condonation is generally conditional, so later misconduct may revive the earlier conduct. Ask a lawyer about your facts.

How do I stop a divorce case if we reconcile?

The spouse who filed can usually ask the court to dismiss the case. If a counterclaim was filed, it may also need to be addressed. Talk with a lawyer before simply stopping, since court deadlines continue.

Does the judge really try to reconcile us?

S.C. Code § 20-3-90 requires the judge to make an earnest effort at reconciliation and state that it failed, except in default cases. This often takes the form of questions at the final hearing.

Should we sign a postnuptial agreement if we get back together?

Some couples do, to set clear expectations about property and debts. Each spouse should generally have full financial disclosure and their own lawyer.

Sources

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