Many news agencies have incorrectly reported that Governor and Mrs. Sanford’s divorce becomes final this month, February 2010.  While their final divorce hearing is scheduled for February 26, 2010, the Family Court judge cannot sign their Decree of Divorce until three months have passed since their filing date, December 11, 2009. 

This error is understandable because the law governing the timing for the granting of a divorce on the fault grounds of adultery, habitual alcohol/drug abuse or physical abuse is somewhat confusing.  SC Code §20-3-80 states “No reference shall be had before two months after the filing of the complaint in the office of the Clerk of Court, nor shall a final decree be granted before three months after such filing.” 

In layman’s terms, a party who files on one of these fault grounds can schedule a final divorce hearing two months after the action was filed. The Court can hear arguments that day, but the judge cannot sign the Decree of Divorce and the Clerk of Court cannot file and certify the Decree until three months have passed since the actual filing date.  Therefore, in the Sanford’s case, their divorce cannot become final until after March 11, 2010.

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