If you have filed for a divorce in South Carolina, you should be prepared
to wait more than a year, a new study has revealed.
A recent report featured in T
he Huffington Post found in South Carolina the "minimum total processing time" for
a divorce is 450 days. It's the fourth longest wait in the nation,
reinforcing the fact divorce can be a tortuous process in the Palmetto State.
The same report found South Carolina scored just 27 out of 100 when it
came to "ease of filing" for divorce – also the fourth-worst
divorce table in The Huffington Post was drawn from data provided by the American Bar Association, the Centers
for Disease Control and Prevention and 2011 Census Bureau figures. The
rate is derived from the number of people who identify as divorced per
Arkansas is that state with the longest waiting times for divorce. The
minimum processing time in the southern state is 540 days, while the processing
time is 510 days in Rhode Island. In contrast in Nevada a divorce can
be obtained in 42 days.
Divorces can take longer if they are contested and involve many assets.
A recent Yahoo article pointed out
celebrity divorces often take a long time and the two years it took
Demi Moore and Ashton Kutcher to divorce, is not unusual in Hollywood splits.
Some commentators have claimed in South Carolina the conservative nature
of the state and the strong hold of religion, means it is not in the interest
of lawmakers to encourage divorce. The divorce situation in South Carolina
is complicated by the fact it recognizes both fault and no fault divorces.
If a spouse believes that the marriage should end, then he or she can
file for divorce based on the fault grounds of adultery, physical cruelty,
desertion, or habitual drunkenness or they may file on the no fault ground
of one year continuous separation.
Divorce is no mere formality in South Carolina. If you are facing a divorce,
you will need to consider issues such as
custody of children,
child support, visitation, property division and alimony payment issues.
In a contested divorce, these areas can quickly become battlegrounds. The
Masella Law Firm has years of experience and a proven track record of
success in these complex cases. Call us at 803.748.9990.