In many states there is a waiting period for finalizing a divorce following the filing of the lawsuit for divorce. This waiting period is intended to allow the spouses to “cool-off” and reconcile if possible. And some states require the spouses to have separated and lived apart for some period of time before proceeding with the divorce. In some states that require such a separation period, if the spouses reconcile and begin living together again (cohabitating) after separating, the separation period must be restarted before the divorce process can proceed.
The waiting period or separation period is often 30-90 days but may be as long as 5-18 months in states such as Arkansas, California, North Carolina, South Carolina, and Vermont. These waiting periods are generally in addition to any minimum time period a spouse must have resided in the county in which the divorce is filed before filing for divorce—known as the residency requirement.
In South Carolina, the state mandates a separation period before a divorce can be finalized. Specifically, spouses must live apart for at least one year without cohabitation before a no-fault divorce can be granted. This separation period is intended to provide a 'cooling-off' time to potentially allow for reconciliation. If the spouses resume living together during this period, the one-year clock typically resets. South Carolina does not have a waiting period after filing for divorce before the divorce can be finalized, other than the one-year separation requirement for a no-fault divorce. Additionally, there is a residency requirement in South Carolina; at least one spouse must have lived in the state for a minimum of three months before filing if both parties reside in the state, or one year if the filing spouse is the only resident.