State: South Carolina

Whether you’re facing a divorce, custody dispute, or other family-related legal issues, having access to reliable and comprehensive resources is crucial. 

Our website is designed to provide you with essential information, tools, and guidance to support you through every step of your legal journey. 

Here, you’ll find answers to common questions to help give you the knowledge and support needed to make informed decisions for your family’s future. 

South Carolina Divorce Process 

The divorce process in South Carolina is managed in Family Courts, where judges have jurisdiction over divorce, legal separation, child custody, child support, alimony, and the division of property. 

The state’s grounds for divorce include: 

• Adultery 

• Physical cruelty 

• Abandonment 

• Habitual drunkenness 

• Living separately for one year (no-fault) 

From here, the divorce process follows this path: 

• One spouse files a Summons and Complaint. This states the grounds for the divorce. It includes what that spouse would like in marital assets and debt division. Child custody, visitation, and support. In cases where no fault grounds exist and the spouses have not yet been separated for an entire year, one can still file a Summons and Complaint to seek separate support and maintenance, along with the other items listed above. 

• Spouse is served. Once one spouse files the motion in court, the other spouse is personally served. This means the other spouse is given a copy of the Summons and Complaint. The spouse, called the defendant, has 30 days to answer the complaint, providing an outline of what they would like the Court to issue in the divorce decision. 

• Final divorce hearing: In situations where an action for divorce occurs, there is a final divorce hearing, lasting about 15 minutes, to determine if the requirements of the divorce on the grounds requested have been met. Witnesses must corroborate the grounds for divorce. 

In situations where the spouse is requesting separate maintenance and supposal support, the first step is the satisfaction of the separation requirement prior to filing. Alternatively the filing spouse must prove the fault grounds they allege. 

Related Article: Choosing a Divorce Attorney: Essential Considerations and Questions 

South Carolina Residency Requirements 

To file for divorce in South Carolina, the plaintiff must have lived in the state for at least one full year. In situations where both parties live in the state of South Carolina, this residency requirement is just three months. 

Once filed, there is a waiting period: 

• No-fault divorces: A full year before filing for divorce. This requires proof of continuous separation, such as different mailing addresses or changes to a driver’s license. 

• Fault divorces: There is no waiting period prior to filing, but a final decree in the divorce only occurs after 90 days.  

Grounds for Divorce in South Carolina  

South Carolina recognizes no-fault and fault-based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year. 

For a fault-based divorce, South Carolina recognizes: 

• Adultery 

• Habitual drunkenness or drug use 

• Physical cruelty 

• Desertion 

However, it should be noted that desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce. Parties may* obtain a divorce 90 days after the date of filing if a fault-based ground exists and the burden of proof is met to show that the fault-based ground exists. 

*Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis. It is always important to note that attorneys do not have control over the court docket scheduling. 

South Carolina Property Division Process 

Property division in South Carolina follows the premise of equitable division. This means that the court considers both spouse’s situation and then makes the decision to separate property based on what is considered fair and equitable. This does not always mean equal, as noted by the South Carolina Bar Association. However, in reality, most Family Court judges assume that a 50/50 division of the marital estate is equitable, and even when an individual judge deviates from that, anything more lopsided than a 55/45 division is rare. 

All property purchased or acquired and all debts incurred during the marriage, regardless of how titled, are considered marital property and subject to division by the court, save for a few exceptions. Those exceptions include. 

• Property acquired in exchange for pre-marital property 

• Inheritances 

• Property acquired as a gift from someone other than that person’s spouse. 

To determine what is fair and equitable, the judge considers numerous factors in the marriage, including: 

• Contributions to the marriage 

• Appreciation in value of assets and income 

• Non-monetary contributions include homemaking, childcare, and unpaid work 

• Length of the marriage 

• Ages and health of each spouse 

• The amount of non-marital property 

• Fault associated with marriage failure, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage. 

Note that the state also considers the need of each party to obtain additional education or training to become self-sufficient, including the division of retirement benefits, debts, and alimony decisions. 

South Carolina Child Custody Laws 

Title 63 – South Carolina Children’s Code provides child custody laws related to divorce. The court always focuses on decisions based on what is in the best interest of the child from its perspective. Numerous factors are considered in these situations, including: 

• Physical 

• Psychological 

• Spiritual 

• Educational 

• Familial 

• Emotional 

• Recreational aspects of the child’s life 

In addition to these details, the court also considers each parent individually, looking at factors such as: 

• The character of the parent 

• Fitness to provide parental duties 

• Attitude as it impacts the child 

• Any domestic violence allegations 

The court may take into consideration the child’s preferences for custody, but this is not a deciding factor alone. 

Also note that, under S.C. Code Ann. § 63-15-10 – § 63-15-40 (2010); Patel v. Patel, 347 S.C. 281, 555 S.E.2d 386 (2001), the court cannot consider the parent’s previous military deployment or possible future deployment as a standalone factor in determining what the child’s best interests are. 

Child custody can be ordered in several arrangements under (S.C. Code Ann. § 63-15-210): 

• Joint custody: Both parents maintain equal rights and responsibilities in the decision-making for the child. However, one parent may have “veto power” or final decision-making authority if a parent cannot agree on important decisions. 

• Sole custody: One parent is given the sole right to responsibilities and decision-making for the child without an obligation to consider the other parent’s input. 

Child custody also includes parenting plan requirements under (S.C. Code Ann. § 63-15-220): 

Parents must submit parenting plans to the court that show: 

• How much time the child will spend with each parent 

• Which parent will make decisions for the child 

• Factors related to the child’s education, healthcare needs, extracurricular activities, and religious training 

• Other special considerations for the court to address. 

South Carolina Child Support 

Child support is a payment made from the noncustodial parent to the parent that is providing custody of a child. Child support is calculated using the South Carolina Child Support Guidelines, and unless the court finds specific reasons to deviate from them, the court will presume that the amount of child support determined by the Guidelines is the appropriate amount of support to award. The income of both parents is considered when making these decisions. Some key factors related to child support include: 

• Support is based primarily on gross income. 

• Alimony is a consideration. 

• The number of children in the home 

• Who provides health insurance for the children 

• Work or school-related childcare costs 

• Extraordinary medical expenses 

It is possible for child support to be modified based upon a substantial and material change in circumstances occurring since the original order of support. Some examples of circumstances that might lead to modification of child support under South Carolina law may include: 

• A significant reduction in earnings 

• Losing a job 

• A change of custody 

• The child is emancipated. 

• A disability, medical condition, or injury limits the non-custodial parent’s earning potential 

Those parents who fail to pay child support are held in contempt of court if a judge determines that their failure to pay support i willful and intentional. The court may determine payments must be managed from that point out through the State Disbursement Unit. 

In South Carolina, child support continues until the child reaches the age of 18 as well as finishes high school. If the child’s school year has not been completed, child support terminates at the age of 19 or the end of the year, depending on what occurs first. A child with disabilities or other specific needs may continue to receive child support over time, depending on the court’s decision. 

When child support should end, the paying party must notify the court to terminate it. It does not automatically occur.   

Related Article: How Does a Family Law Attorney Help in Child Support Matters? 

South Carolina Alimony 

In South Carolina, the following statutory factors determine whether a party should or should not be awarded spousal support. See S.C. Code § 20-3-130(C)(1-13). The court will determine if alimony is required based on these factors: 

• The length of the marriage  

• The physical and emotional condition of each spouse 

• The educational background and additional training needs of each spouse 

• Employment history and earning potential of each spouse 

• The standard of living anticipated by both spouses 

• The current and expected reasonable expenses of both parties 

• The marital and nonmarital property of each spouse 

• Custody of children  

• Marital misconduct, if applicable 

• Tax consequences to each party  

• Existence and extent of support obligations from proper marriages or other reasons 

• Other factors the court considered relevant 

The court may or may not award spousal support/alimony to a party after taking the following factors into consideration. 

Related Article: Will I Have To Pay Alimony? 

Why Work With Cordell & Cordell 

Cordell & Cordell has helped thousands of families through divorce. With a specific focus on helping men and fathers maintain their rights and fight for equal consideration, your South Carolina divorce attorney is committed to providing you with exceptional legal insight and guidance in even the most complex cases. With over 30 years of experience, Cordell & Cordell has the resources necessary to help you. 

Client Experience 

“[My lawyer] handled things with grace and professionalism. She got what I wanted and truly paid attention to detail.” — Michael B. 

“It all worked out well, it was good service, and I was happy with the outcome.” — Lauren R. 

Serving South Carolina Families in Their Time of Need 

Cordell & Cordell offers comprehensive support throughout the South Carolina divorce process. To set up a consultation to discuss your case, call 866-323-7529 or fill out the contact form on this page. 

Cordell & Cordell is a law firm with offices in over 30 states helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice.