How can we request a continuance for a divorce hearing when the other side just changed the type of divorce right before court? – South Carolina

Short Answer

In South Carolina Family Court, a continuance is usually requested by filing a written motion and showing a practical reason the hearing should not go forward as scheduled (often called “good cause”), such as unfair surprise or not having enough time to prepare for a last-minute change in what is being asked of the court. If the other side changed the divorce ground or the relief requested right before the hearing, the request should explain what changed, why it matters, and what specific preparation cannot be completed in time. If the hearing is imminent, the request is often made on an expedited basis and renewed in person at the start of the hearing.

Understanding the Problem

In a South Carolina divorce case, one spouse may set a final hearing based on one “type” of divorce (the legal ground for divorce), and then the other spouse changes the ground or the requested relief shortly before court. The decision point is whether the Family Court should postpone (continue) the hearing so the responding spouse has a fair chance to prepare for the new issues being presented. The focus is not whether the divorce will ultimately be granted, but whether the timing and notice are fair given what changed right before the hearing.

Apply the Law

South Carolina divorces must be based on one of the statutory grounds for divorce, and the ground affects what must be proven at the final hearing. When a party changes the ground or materially changes what the court is being asked to decide close to the hearing date, the Family Court can consider whether proceeding would create unfair surprise or prevent a fair presentation of evidence. A continuance request should be specific, supported by facts, and tied to what additional time is needed to respond to the change.

Key Requirements

Identify the change and why it matters: Explain what was changed (for example, the alleged divorce ground or the relief requested) and how that change affects what must be proven or defended at the hearing.
Show a concrete preparation problem: Describe what cannot reasonably be done before the hearing (for example, lining up witnesses, gathering records, preparing cross-examination, or addressing new allegations).
Ask for a specific, reasonable reset: Request a new hearing date or a time window (not an open-ended delay), and propose a practical schedule for completing the missing steps.

What the Statutes Say

S.C. Code Ann. § 20-3-10 (Grounds for divorce) – Lists the only grounds South Carolina courts can use to grant a divorce, which affects what must be proven at the final hearing.
S.C. Code Ann. § 20-3-80 (Timing limits before reference/final decree) – Sets minimum timing rules for when a divorce case can be heard and when a final decree can be entered, with exceptions for certain grounds.
S.C. Code Ann. § 8-21-320 (Motion fees) – Provides that motions in Family Court generally require a filing fee, unless waived for indigency or exempted by rule.

Analysis

Apply the Rule to the Facts: The key fact is that the other side changed the “type” of divorce right before court. If that change alters what must be proven (for example, switching between a fault-based ground and a one-year separation ground) or adds new allegations, the responding spouse can argue the hearing should be continued because there has not been a fair opportunity to prepare evidence and witnesses for the new theory. The stronger continuance request ties the last-minute change to specific missing preparation steps and explains why those steps cannot be completed before the scheduled hearing.

Process & Timing

Who files: The spouse (or attorney) who needs more time. Where: South Carolina Family Court in the county where the divorce is pending, filed with the Clerk of Court/Family Court clerk as local practice requires. What: A written Motion for Continuance (often supported by an affidavit) and a proposed order; include the hearing date, what changed, and the requested new date or time window. When: File as soon as the change is discovered; if the hearing is within days, request expedited consideration and be prepared to renew the motion when the case is called.
Notice to the other side: Provide prompt written notice to opposing counsel/party and file proof of service. If the change happened “right before court,” attach the document showing the change (for example, an amended pleading or written notice) and any emails showing when it was received.
Court decision: The judge may grant the continuance, deny it, or continue only part of the hearing (for example, proceed on issues that did not change and reset the rest). If granted, the court typically issues an order continuing and resetting the matter.

Exceptions & Pitfalls

“Changed type of divorce” may not change the proof: If the change does not materially alter what must be proven at the hearing, the court may view the request as delay rather than necessity. The motion should explain the real impact on evidence and preparation.
Vague reasons get denied: Requests that say only “more time is needed” often fail. The motion should list the exact tasks that cannot be completed (witness availability, subpoenas, records, new allegations to investigate) and why.
Waiting until the hearing day: If the change was known earlier, raising it only in court can undermine credibility. Filing quickly and documenting when notice was received helps show good faith.
Not addressing statutory timing rules: Some divorce grounds have timing requirements (including separation-based divorces). If the last-minute change creates a timing problem, the motion should flag that issue clearly.

Conclusion

In South Carolina, a continuance request for a divorce hearing is strongest when it shows that a last-minute change in the divorce ground or requested relief creates unfair surprise and prevents reasonable preparation for the hearing. The motion should identify what changed, explain how the proof and witnesses needed are different, and request a specific reset. The next step is to file and serve a Motion for Continuance with the Family Court clerk as soon as the change is discovered, ideally before the scheduled hearing date.

Talk to a Family Law Attorney

If a divorce hearing is approaching and the other side changed the divorce ground or what is being requested at the last minute, a Family Law attorney can help evaluate whether a continuance is appropriate, prepare the motion and supporting affidavit, and present the request to the South Carolina Family Court in a clear, practical way.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.