Divorce in South Carolina

Overview of Divorce in South Carolina

South Carolina offers both no-fault and fault-based grounds for divorce. The no-fault option requires one year of continuous separation, which is among the longer separation requirements in the country. However, fault-based grounds, including adultery and physical cruelty, allow a spouse to file without waiting through the separation period. South Carolina’s divorce laws are governed primarily by S.C. Code Section 20-3-10 and related statutes.

Whether you pursue a no-fault or fault-based divorce can affect the timeline, cost, and outcome of your case, particularly regarding alimony. For a foundational understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

South Carolina has a tiered residency requirement. If only one spouse resides in the state, the filing spouse must have been a resident for at least one year before filing. If both spouses are residents of South Carolina, the residency requirement is reduced to three months. The action is filed in the family court of the county where either spouse resides, or where the parties last lived together as a married couple.

Grounds for Divorce

South Carolina recognizes the following grounds for divorce under S.C. Code Section 20-3-10:

• No-fault: The parties have lived separate and apart without cohabitation for a continuous period of one year.
• Adultery: One spouse has committed adultery.
• Desertion: One spouse has deserted the other for a period of one year.
• Physical cruelty: One spouse has subjected the other to physical cruelty.
• Habitual drunkenness: One spouse is habitually intoxicated by alcohol or drugs. This ground also encompasses habitual use of narcotic drugs.

The choice of grounds can have practical consequences. Adultery, for example, is an absolute bar to receiving alimony under South Carolina law. Physical cruelty and desertion may also influence the court’s decisions about property division and support.

Filing Fees and Costs

The filing fee for a divorce in South Carolina is approximately $150. Additional costs may include service of process fees, fees for mandatory mediation (required in contested cases), and the cost of any guardian ad litem appointed to represent the interests of minor children. Attorney fees vary significantly depending on whether the case is contested. Use our divorce cost calculator to get a preliminary estimate.

Waiting Period

For no-fault divorces, the one-year separation period serves as the effective waiting period. The parties must live separate and apart for 12 continuous months before the divorce can be filed. Any period of cohabitation, even briefly, may reset the clock.

For fault-based divorces, there is no mandatory waiting period after filing. However, the court must still schedule hearings, and contested fault-based cases often require more time to litigate. South Carolina does require a 90-day cooling-off period in cases where the parties have minor children, meaning the court will not finalize the divorce until 90 days after filing.

Property Division

South Carolina follows the equitable distribution model under S.C. Code Section 20-3-620. The court identifies and values all marital property, then divides it in a manner that is fair, though not necessarily equal. Factors the court considers include:

• The duration of the marriage
• The marital misconduct or fault of either spouse (South Carolina is one of the states where fault can influence property division)
• The value of marital property and the contribution of each spouse to its acquisition
• The income and earning potential of each spouse
• The physical and emotional health of each party
• The need of the custodial parent to occupy the marital home
• Tax consequences of the proposed division
• Any other relevant factors the court deems necessary

Non-marital property, such as assets acquired before the marriage, gifts, and inheritances, is generally excluded from division unless it has been transmuted into marital property through commingling or other actions.

Alimony

South Carolina courts may award several types of alimony under S.C. Code Section 20-3-130:

• Periodic alimony: Ongoing payments that terminate upon the death of either party, remarriage of the recipient, or continued cohabitation of the recipient with a romantic partner for 90 or more consecutive days.
• Lump-sum alimony: A fixed, non-modifiable amount paid in one or more installments.
• Rehabilitative alimony: Support for a limited period to allow a spouse to become self-supporting through education or training.
• Reimbursement alimony: Compensation for financial contributions one spouse made to the other’s education or career advancement during the marriage.

The court considers factors such as the duration of the marriage, the standard of living established during the marriage, the earning capacity of each spouse, and marital misconduct. Notably, a spouse who commits adultery is barred from receiving alimony.

The Divorce Process

A South Carolina divorce typically progresses as follows:

1. Filing the complaint. One spouse files a Complaint for Divorce with the family court, stating the grounds and the relief sought.
2. Serving the other spouse. The respondent must be served with the complaint and summons. The respondent has 30 days to file an answer.
3. Temporary hearings. Either party may request temporary orders for custody, support, or use of property while the case is pending.
4. Discovery. Both parties exchange financial records, documents, and other information relevant to the case.
5. Mediation. In contested cases, the court typically requires the parties to attempt mediation before going to trial.
6. Trial or settlement. The parties either reach a settlement agreement or present their case at trial.
7. Final decree. The court issues the final order of divorce.

Uncontested no-fault divorces, where the one-year separation has already been completed and the parties agree on all terms, can be finalized in a matter of weeks after filing. Contested cases may take a year or longer.

When to Consult an Attorney

South Carolina’s fault-based grounds and the potential impact of marital misconduct on alimony and property division make legal representation particularly important. If your spouse has committed adultery, or if adultery has been alleged against you, the financial consequences can be substantial. Similarly, cases involving physical cruelty or disputes over custody benefit significantly from experienced legal counsel.

Even in uncontested divorces, an attorney can help ensure that the separation agreement is comprehensive and enforceable. To explore your options, schedule a free consultation with a family law professional.