Reconciliation During a Divorce in SC

Reconciliation During a Divorce in SC

At times people decide to attempt a reconciliation during a divorce proceeding.  Overall, it is the legislature’s intent to encourage attempts at reconciliation, but it is important to be mindful of the implications.

Per South Carolina Code Section 20-3-90, the Court cannot issue a Final Decree of Divorce if there is a chance at reconciliation.  The Judge will specifically inquire about this before he signs off on a Final Decree of Divorce.  Therefore, reconciliation discussions should be held if the parties are interested in attempting reconciliation.

If the parties resume cohabitation during divorce proceedings, it will reset the original date of separation.  In a no fault divorce,  a one year separation is required before a divorce can be finalized.  Thus, any cohabitation during this year will restart the year, so parties may choose to date first when attempting to reconcile.

Furthermore, it is important to understand that reconciliation can easily be construed as forgiveness.  This is especially significant in any divorces with grounds for fault, such as adultery. The risk of implied forgiveness can be minimized by memorializing in writing that the reconciliation attempt does not constitute forgiveness for the grounds alleged in the Complaint.

If your attempt at reconciliation fails, you do not lose all of the progress made thus far in your case.  For example, if a Court approved settlement agreement on property division has been completed, it will generally stand if the parties attempt to reconcile but decide to divorce later.

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Please remember that each case is unique. If you have any questions about this blog “Reconciliation During a Divorce in SC,” reconciliation, or divorce in general, we urge you to contact us.  In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available. Call today and schedule your free confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.