If your divorce isn’t final yet, you can’t legally remarry in South Carolina, even if both spouses have agreed to everything and the process feels essentially over.
At Query Sautter & Uricchio, LLC, our family law attorneys in Charleston help clients understand how South Carolina’s divorce and remarriage laws apply to their situation. In this article, we cover when a divorce becomes final and what can happen if someone remarries too soon.
When Is a Divorce Officially Final in South Carolina?
A divorce becomes final when a judge signs the decree, and it’s filed with the Family Court clerk of court. Both steps are required. Many people assume the process is over once they’ve reached an agreement with their spouse or after a certain amount of time has passed, but neither is true.
South Carolina doesn’t recognize legal separation as a marital status. For a no-fault divorce, where neither spouse is blaming the other for the breakup, spouses must live separately for at least one year before they can even file. That separation period doesn’t restore the right to remarry. Until the decree is signed and filed, the marriage is still legally intact.
What Happens If You Remarry Too Soon?
Remarrying before a divorce is final constitutes bigamy under S.C. Code § 16-15-10. This is a felony charge that carries a prison sentence of six months to five years and a fine of at least $500.
The second marriage is also void and treated as if it never took place. That has real legal consequences, including for property rights and any financial arrangements tied to that marriage.
One thing worth knowing: claiming you believed the divorce was already final is not a legal defense. Before remarrying, request a certified copy of the final decree from the clerk of court and confirm it has been signed and filed.
What Happens to Alimony When You Remarry?
Once your divorce decree is signed and filed, you are free to remarry in South Carolina. The state doesn’t impose a waiting period after a divorce becomes final.
However, remarriage can affect alimony. If you receive alimony, those payments usually end automatically once you remarry. Remarrying doesn’t automatically end the paying spouse’s obligation unless the court modifies the order.
Living with a romantic partner can also impact alimony. Under South Carolina law, cohabitation for 90 or more consecutive days may be grounds to terminate alimony, even if no remarriage takes place.
Speak With a Charleston Family Law Attorney
The time between filing for divorce and receiving a final decree is where most mistakes happen. Knowing exactly where your case stands before making any decisions about remarriage can save you from serious legal and financial trouble.
At Query Sautter & Uricchio, LLC, we help clients in Charleston and across South Carolina get clear answers about their divorce and what comes next. If you have questions about your situation, contact our team or call 843-795-9500.