A Greenville divorce runs on two separate clocks: legal eligibility and case complexity. Eligibility determines when you can file. Complexity determines how long it takes to resolve everything once the case is filed.
For a no-fault divorce in South Carolina, spouses must live separate and apart for one continuous year before filing. That separation generally must include living in separate residences and avoiding reconciliation; even brief reconciliation can restart the clock. Once eligible, an uncontested divorce may conclude in a matter of weeks to a few months after filing, depending on service, paperwork completeness, and court scheduling. Contested cases—especially those involving custody, support, business valuation, or significant assets—often take many months to well over a year, driven by discovery, temporary hearings, mediation, and trial scheduling.
This guide maps the major steps, typical timing drivers, and practical planning considerations for families who want a discreet, efficient path forward.
Quick Snapshot: What Most People Mean by “How Long Will This Take?”
- No-fault eligibility (required before filing):
12 months of continuous separation. - Uncontested divorce after filing (typical range):
Often 6–16 weeks, sometimes longer depending on service issues, final hearing availability, and whether documents are complete. - Contested divorce after filing (typical range):
Commonly 6–18+ months, depending on complexity, discovery disputes, experts, custody evaluations, and court calendar.
These are practical ranges, not guarantees. Timelines vary by judge assignment, docket load, and whether parties cooperate with disclosure and mediation.
Overview of the Divorce Process in Greenville
South Carolina allows divorce on no-fault or fault grounds.
- No-fault: requires one year of continuous separation before filing.
- Fault-based grounds: may allow filing without waiting one year, but they typically require proof and can increase conflict, cost, and time.
South Carolina also applies equitable distribution, meaning marital property is divided fairly based on statutory factors—not automatically 50/50.
A typical divorce progression looks like this:
- Separation planning (for no-fault eligibility), initial legal consultation, strategy
- Filing and service of the divorce complaint
- Response from the other spouse
- Temporary hearing (if needed) and early case orders
- Discovery and financial disclosures
- Mediation for disputed issues
- Settlement documents and final hearing (uncontested) or trial (contested)
Greenville County Family Court often uses a mix of in-person and remote settings depending on the matter and scheduling. This can improve logistics in some cases, but it does not eliminate delays caused by contested issues or expert-intensive disputes.
Residency and Separation Requirements
Residency (who can file in South Carolina)
To file for divorce in South Carolina:
- If both spouses are South Carolina residents, the filing spouse must have lived in South Carolina for at least three months before filing.
- If only one spouse is a South Carolina resident, the resident spouse must generally have lived in South Carolina for at least one year before filing.
Separation (no-fault requirement)
For a no-fault divorce, spouses must live separate and apart in separate residences for one continuous year before filing. Any reconciliation or resumption of the marital relationship can restart the clock. In practice, it is wise to assume you may need a third party who can confirm separation if proof becomes an issue.
Key Steps in Finalizing a Divorce in Greenville
1) Filing the Complaint and Serving Papers
Your complaint states the grounds for divorce and requests relief (custody, support, property division, attorney’s fees, etc.). After filing, the complaint must be properly served.
Typical timing drivers:
- How quickly service is accomplished
- Whether service is contested or requires alternative methods
- Whether your pleadings are complete and accurate
2) Response and Early Case Positioning
The responding spouse typically has a deadline to answer. Early positioning matters because it influences temporary orders, discovery scope, and negotiation posture.
3) Temporary Hearings (When Needed)
Temporary hearings address urgent issues while the case is pending, such as:
- Temporary custody/parenting time
- Temporary support
- Exclusive use of the marital home
- Temporary restraints or financial protocols to prevent dissipation
Not every case needs a temporary hearing. But when it does, it often sets the tone for the next phase.
4) Discovery and Financial Disclosures
Discovery is the formal exchange of information and evidence. In high-asset cases, this stage can be the longest because it may include:
- Full financial records and tax returns
- Business financials and valuation work
- Real estate appraisals
- Retirement plan analysis
- Digital evidence (texts, emails, account access logs, and potentially digital assets)
Practical note: In affluent or complex cases, discovery is where timelines expand—especially when records are incomplete or one party controls key business information.
Sample documentation roadmap (what to gather early)
Asset category | Common classification notes | Documentation to gather |
Real estate | May be marital, nonmarital, or mixed depending on timing and handling | Deeds, closing files, mortgage/HELOC history, appraisals |
Business interests | Often require valuation; characterization depends on timing and contributions | Agreements, K-1s, financials, valuations, ownership records |
Investment accounts | Classification may depend on timing and tracing | Full statement history, cost basis, trade logs |
Retirement plans | May require specialized division language | Plan documents, statements, premarital balances |
Trust interests | Depends on funding, control, and distributions | Trust instrument, schedules, distribution records |
Digital assets/crypto | Traceability and timing are critical | Wallet addresses, platform statements, transaction history |
5) Mediation
In South Carolina, contested issues in family court cases are commonly subject to mediation requirements. Mediation can shorten timelines and improve privacy—when both parties disclose information and negotiate in good faith.
Mediation tends to be most effective when:
- Financial disclosures are substantially complete
- Each side can evaluate proposals with real numbers
- Custody proposals are practical and child-centered
6) Final Hearing (Uncontested) or Trial (Contested)
- Uncontested: The final hearing is typically brief and confirms that the legal requirements are met and that any agreements are appropriate (especially where children are involved).
- Contested: Trial requires preparation, witnesses, exhibits, and sometimes expert testimony. Trial scheduling is often the single biggest driver of delay once a case becomes fully contested.
Contested Divorce: What to Expect (and Why It Takes Longer)
A divorce is contested when spouses disagree on major issues such as custody, support, or equitable distribution.
The common sequence is:
- Temporary issues
- Discovery
- Negotiation and mediation
- Pretrial conferences
- Trial if unresolved
In 2026, many families use structured co-parenting tools, parallel parenting provisions, and carefully drafted decision-making protocols to reduce conflict and create enforceable routines. These tools can shorten the path to resolution in the right case, but they do not replace the need for proof and credible presentation where facts are disputed.
Property Division and Financial Matters in Greenville Divorces
South Carolina equitable distribution is factor-based and fact-specific. Marital property generally includes assets acquired during the marriage. Nonmarital property can include premarital assets and certain gifts or inheritances, but classification is sensitive to title, commingling, and tracing.
Key considerations that impact timeline:
- Business valuation and disputes over income/cash flow
- Real estate equity and timing of sales or refinances
- Trusts and restricted assets (control and distributions)
- Securities (basis, tax lots, vesting schedules)
- Digital assets (traceability, volatility, custody safeguards)
A case becomes slower when parties cannot agree on valuation methods, when records are incomplete, or when experts are required.
Child Custody and Support Considerations
Custody includes legal decision-making and physical parenting time. Parenting plans often incorporate schedules, exchanges, holiday rotations, travel terms, and dispute-resolution provisions. In higher-conflict matters, courts may consider structures that reduce friction and protect the child from ongoing conflict.
Child support is guideline-driven but may involve adjustments based on healthcare, childcare, extraordinary expenses, or the family’s financial circumstances.
A Note on “New Rules” and 2025–2026 Changes
There has been active public discussion and proposed legislation in South Carolina around topics like alimony structure and predictability. The safest way to discuss “changes” in a public-facing guide is this:
- Court practices evolve over time (including docket management, virtual settings, and evidence presentation norms).
- Statutory changes should be described only when officially enacted and effective.
For your website, avoid stating that a specific reform “is effective” unless you are certain it has become law and you have confirmed the effective date.
Local Court Procedures and Scheduling in Greenville
Greenville County Family Court scheduling can be influenced by:
- Docket load and judge assignment
- Whether the case is uncontested or contested
- The need for experts or evaluations
- Discovery disputes
- Mediation scheduling and completion
A practical best practice is to maintain a secure, organized evidence system (financial records, communications, expert reports). Organized cases move faster because they reduce motion practice and last-minute continuances.
Finding the Right Divorce Attorney in Greenville
For complex or high-asset cases, prioritize counsel who:
- Focuses on family law and has deep experience with equitable distribution
- Regularly handles contested cases and is trial-ready when needed
- Uses disciplined negotiation (not performative aggression)
- Can coordinate financial professionals efficiently
- Communicates clearly and manages the process calmly
Collins Family & Elder Law Group approaches divorce matters with steady judgment, careful preparation, and a concierge-level standard of service—particularly in cases where privacy, business continuity, and long-term planning are critical.
Strategies for a More Peaceful (and Efficient) Resolution
When appropriate, mediation and collaborative approaches can reduce time and conflict. Practical steps that often shorten timelines include:
- Completing financial disclosure early
- Using neutral experts when valuation disputes are predictable
- Presenting child-centered parenting proposals with realistic logistics
- Avoiding escalation that forces unnecessary hearings
- Focusing on enforceable terms and clean implementation steps
Frequently Asked Questions
How long does it take to finalize a divorce in Greenville, SC?
For no-fault divorce, you must complete one year of separation before filing. After filing, uncontested cases often conclude in weeks to a few months depending on service and court scheduling. Contested cases commonly take many months to over a year.
What is the one-year separation rule and how is it applied?
Spouses must live in separate residences for one continuous year before filing a no-fault divorce. Reconciliation or resuming the marital relationship can restart the clock.
Can I file sooner using fault grounds?
Possibly. Fault grounds can allow filing without waiting one year, but they require proof and may increase litigation complexity and cost.
What residency requirements apply in South Carolina?
If both spouses live in South Carolina, three months of residency may be sufficient. If only one spouse is a South Carolina resident, one year of residency is typically required.
Does an uncontested divorce still require a court hearing?
Yes. Even uncontested cases typically require a final hearing so the court can enter the divorce decree.
Do we have to go to mediation?
When issues are contested, mediation is commonly required before final hearings or trials. Uncontested cases may not need mediation.
What usually makes cases take longer?
Business valuation, incomplete disclosure, custody disputes, expert involvement, and contested temporary orders are frequent causes of delay.
How can I help keep my case efficient?
Organize financial records early, avoid unilateral financial moves, focus on practical parenting solutions, and work from verified facts rather than assumptions.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Divorce outcomes depend on individual facts, applicable law, and judicial discretion. Consult a qualified South Carolina attorney regarding your specific circumstances.
