Many people in South Carolina believe they can get divorced in just 90 days – the myth of the 90 day divorce. While this idea is common, it’s often misunderstood — and for many families, it creates unrealistic expectations at an already stressful time.
At Henderson & Henderson, we believe clarity matters. The truth is that while some divorces can move faster than a traditional one-year separation, very few are truly resolved in 90 days.
Here’s why.
How Divorce Actually Works in South Carolina
In South Carolina, there are two general paths to divorce:
1. No-Fault Divorce
A no-fault divorce requires one year of continuous separation before filing.
2. At-Fault Divorce
South Carolina recognizes four fault-based grounds:
- Adultery
- Habitual drunkenness or drug use
- Physical cruelty
- Desertion for one year
The first three grounds are often labeled “90-day divorces” because they do not require a full year of separation. But that label can be misleading.
Why “90-Day Divorce” Is Usually a Myth
Even when a divorce is based on fault, the legal process often takes much longer than expected. That’s because fault must be proven, and proof takes time.
1. Gathering the Required Evidence Takes Time
Each fault ground requires specific documentation.
For example:
- Adultery requires proof of inclination and opportunity
- Habitual drunkenness or drug use requires evidence of ongoing substance abuse that contributed to the breakdown of the marriage
- Physical cruelty requires proof of physical harm or a reasonable fear for one’s safety
Evidence may include:
- Eyewitness affidavits
- Photos or videos
- Text messages or phone records
- Credit card statements
- Medical records
- Police reports
Each piece of evidence has its own timeline.
Witness affidavits often require:
- Scheduling conversations
- Drafting and revising sworn statements
- Notarization
- Court filing
Medical records may take weeks or months to obtain, even with signed HIPAA authorizations. Reviewing and organizing those records takes additional time.
2. Financial and Parenting Issues Must Still Be Resolved
Even if fault is proven quickly, the divorce cannot be finalized until key issues are addressed, including:
- Child custody and visitation
- Child support
- Alimony
- Division of marital property and debt
Each of these requires financial disclosures, such as:
- Income documentation
- Bank statements
- Insurance policies
- Prenuptial or postnuptial agreements
- Estate planning documents
If one spouse is uncooperative, the process often slows further and may require court intervention.
3. Negotiation, Mediation, and Court Involvement Add Time
Disagreements over children, money, or property frequently lead to:
- Extended negotiations
- Mediation
- Temporary hearings
- Additional court appearances
In higher-conflict cases, attorneys may recommend strategic motions to protect a client’s rights — but those steps add time and preparation.
4. Court Scheduling Is Often the Final Delay
Even when everything else is ready, court scheduling can delay final resolution.
Court timelines depend on:
- Judicial availability
- Court docket volume
- Mandatory waiting periods
- Whether additional hearings are required
These factors are outside any party’s control.
What We Do Differently at Henderson & Henderson
We don’t sell timelines — we provide clear expectations.
From the beginning, our family law team focuses on:
- Explaining your options in plain English
- Outlining what can move quickly — and what cannot
- Creating a realistic roadmap for your case
- Protecting your interests without unnecessary conflict
- Communicating consistently so you’re never left guessing
Our goal is not speed at all costs. It’s resolution done right.
Final Thoughts
A divorce based on fault in South Carolina may move faster than a one-year separation — but a true “90-day divorce” is rare.
Understanding the process helps you make informed decisions, reduce frustration, and avoid surprises.
If you’re considering divorce and want clear answers about your situation, we’re here to help.
Schedule a Consultation
Speak with our Family Law Team to understand your options, your timeline, and the best path forward — with clarity, care, and dependable follow-through. Please also visit our YouTube channel for more information, and you may enjoy reading this family law advice as well.
