Divorce is never easy—emotionally or legally. If you’re thinking about ending a marriage in South Carolina, understanding the state’s divorce laws can help you feel more prepared and confident. South Carolina has some unique and stricter divorce rules compared to many other states, especially when it comes to separation requirements and fault-based divorce.
This guide explains South Carolina divorce laws in plain English, covering grounds for divorce, separation rules, property division, alimony, child custody, child support, and what to expect from the divorce process.
Residency Requirements in South Carolina
Before you can file for divorce in South Carolina, you must meet the state’s residency rules:
- If both spouses live in South Carolina:
At least 3 months of residency before filing. - If only one spouse lives in South Carolina:
That spouse must have lived in the state for at least 1 year.
The divorce must be filed in the family court of the county where either spouse lives.
Grounds for Divorce in South Carolina
South Carolina allows both fault-based and no-fault divorces, but the requirements are stricter than in many states.
- No-Fault Divorce (Living Separate and Apart)
This is the most common option.
To qualify:
- Spouses must live separate and apart for at least one full year
- No sexual relations during this time
- Separation can happen without a legal separation agreement
⚠️ Even a brief reconciliation or sexual relationship can restart the one-year clock.
- Fault-Based Divorce
You may file for divorce immediately—without waiting one year—if one of these fault grounds exists:
- Adultery
- Physical cruelty
- Habitual drunkenness or drug abuse
- Desertion for one year
Fault-based divorces are often more complex and emotionally charged, but they can affect:
- Alimony
- Property division
- Case timeline
Legal Separation in South Carolina
South Carolina does not officially recognize “legal separation”, but couples can file for:
Separate Maintenance and Support
This allows spouses to:
- Live apart
- Get court orders for support, custody, and property use
- Remain legally married
This option is often used during the required one-year separation period.
Property Division: Equitable Distribution
South Carolina follows equitable distribution, not community property.
This means:
- Marital property is divided fairly, not always 50/50
- Separate property usually stays with the original owner
Factors Courts Consider:
- Length of the marriage
- Income and earning capacity of each spouse
- Contributions to the marriage (including homemaking)
- Fault or marital misconduct
- Value of marital assets and debts
Marital property generally includes:
- Income earned during marriage
- Homes, cars, retirement accounts
- Businesses started during marriage
Alimony (Spousal Support) in South Carolina
Alimony is not automatic. The court decides based on need and ability to pay.
Types of Alimony:
- Permanent periodic alimony
- Rehabilitative alimony
- Reimbursement alimony
- Lump-sum alimony
Key Factors:
- Length of marriage
- Standard of living during marriage
- Age and health of both spouses
- Education and job skills
- Marital misconduct
🚫 Important Rule:
If a spouse committed adultery, they are usually barred from receiving alimony, unless the other spouse also committed adultery.
Child Custody Laws in South Carolina
Custody decisions are based on the best interests of the child.
Types of Custody:
- Legal custody – decision-making authority
- Physical custody – where the child lives
- Can be joint or sole
Factors Courts Consider:
- Child’s safety and well-being
- Each parent’s involvement
- Ability to provide stability
- Domestic violence or substance abuse
- Child’s preference (if mature enough)
South Carolina does not automatically favor mothers or fathers.
Child Support Guidelines
Child support is calculated using state guidelines, based on:
- Both parents’ incomes
- Number of children
- Custody arrangement
- Health insurance and childcare costs
Support usually continues until:
- The child turns 18
- Or high school graduation (up to age 19)
Divorce Process in South Carolina
Here’s a simplified step-by-step overview:
- File a Complaint for Divorce
- Serve papers to the other spouse
- Temporary hearings (if needed)
- Discovery and negotiations
- Mediation (often required)
- Final hearing
- Divorce decree issued
Uncontested divorces are faster and cheaper, while contested divorces can take months or even years.
Contested vs. Uncontested Divorce
Uncontested Divorce:
- Both spouses agree on all issues
- Faster and less expensive
- Ideal for no-fault divorces
Contested Divorce:
- Disputes over property, custody, or support
- Requires court involvement
- Higher legal costs and stress
Mediation Requirement
South Carolina courts often require mediation before trial, especially in cases involving children. Mediation can help:
- Reduce conflict
- Save money
- Reach faster settlements
Frequently Asked Questions (FAQ)
Is South Carolina a no-fault divorce state?
Yes, but no-fault divorce requires one full year of separation.
How long does a divorce take in South Carolina?
- Uncontested: around 3–6 months
- Contested: 1 year or longer
Can I date during separation?
Dating may complicate fault-based claims or alimony issues, especially if sexual relations occur.
Do I need a lawyer?
Not required, but highly recommended for contested cases or cases involving children or assets.
Final Thoughts
South Carolina divorce laws are more traditional and strict than many other states, especially with the one-year separation rule. Whether you’re an individual seeking clarity or a law firm creating client resources, understanding these rules is essential.
If you’re considering divorce, speaking with a South Carolina family law attorney can help protect your rights and guide you through the process with confidence.
