Under current South Carolina law, a couple wanting to divorce must live separate and apart (i.e., not in the same home) for at least one year, unless there has been no adultery, alcohol/drug abuse, or physical cruelty. Under a bill that is currently pending in our House of Representatives, the wait time for a “no fault” divorce could be cut to 150 days.
The bill, House Bill 3169, is currently pending before a House subcommittee, but it has not yet been scheduled for a vote. However, the law would require a change to the state’s Constitution, which means it would need to pass by a 2/3 majority in both the state House and Senate.
The sponsor of the legislation is Walt McLeod, a state representative from Little Mountain, SC, who decided to push for the change to the state’s divorce law after reviewing neighboring ones that allow for much faster divorces. Tennessee, Georgia and Florida each permit divorce in much less time, assuming the divorce is no-fault. Rep. McLeod says that in cases where there is no disagreement between the parties there is no reason to drag the dispute out longer than need be.
Despite the benefit of helping couples get out of bad marriages sooner, some have come out against the proposal. One Baptist minister interviewed said that this bill sends the wrong signal to residents that the state does not take marriage seriously. Rather than make divorce easier, the minister believes the state should make it more difficult to end a marriage.
Source: “Bill Would Shorten Wait Time For a Divorce in South Carolina,” by Robert Kittle, published at WBTW.com.