Divorce in South Carolina is governed by traditional rules, including fault-based grounds and a mandatory separation period for no-fault cases. Whether you live in Charleston, Columbia, or the Lowcountry, understanding the legal steps can help you avoid costly delays.
Residency Requirements in South Carolina
To file for divorce in South Carolina, one spouse must have lived in the state for at least one year, or both must have lived in the state for at least three months. The divorce must be filed in the Family Court of the proper county.
No-Fault vs. Fault-Based Divorce
South Carolina allows both no-fault and fault-based divorce. No-fault divorce requires that the spouses live in separate homes for at least one continuous year. Fault-based grounds include adultery, desertion, physical cruelty, and habitual drunkenness.
Filing and Waiting Periods
The divorce process starts by filing a Complaint for Divorce. In no-fault cases, the court will not grant the divorce unless the one-year separation period is fully documented. Fault-based divorces may proceed more quickly, but require convincing evidence.
South Carolina requires spouses to live separately for one full year before granting a no-fault divorce — even if both parties agree to divorce.
Equitable Division of Marital Property
South Carolina uses an equitable distribution model. Property and debts acquired during the marriage are divided fairly, though not necessarily equally. Separate property remains with the original owner unless it was commingled during the marriage.
Spousal Support and Alimony
Courts may award alimony based on financial need, earning ability, and marital conduct. South Carolina recognizes several types of alimony: permanent periodic, rehabilitative, lump-sum, and reimbursement. Adultery bars a spouse from receiving alimony.
Child Custody and Parenting Plans
Child custody decisions are based on the best interests of the child. The court considers each parent's ability to provide care, the child's relationship with each parent, and home stability. Parenting plans are required in all custody cases.
Child Support Guidelines
Child support is calculated using state formulas that factor in both parents' gross incomes, number of children, healthcare expenses, and daycare costs. Modifications can be made if financial circumstances significantly change.
- Residency: 1 year for one spouse, or 3 months for both
- No-fault requires 1-year separation in separate homes
- Fault grounds allow faster filing but require evidence
- Adultery disqualifies a spouse from alimony
- Equitable property division and mandatory parenting plans
Unlike many states, South Carolina completely bars alimony to a spouse who committed adultery — even if there is financial need.
South Carolina's divorce laws are strict but clear. Whether you pursue a fault-based divorce or wait out the one-year separation period, understanding the rules will help you prepare and protect your interests.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download South Carolina divorce papers or browse South Carolina divorce lawyers to get the help you need.