Charleston residents file for divorce at the Charleston County Family Court inside the Judicial Center at 100 Broad Street, one corner of the historic "Four Corners of Law" near Broad and Meeting Streets downtown. Whether you live on the peninsula, in West Ashley, Mount Pleasant, Daniel Island, or James Island, your case runs through this same Ninth Judicial Circuit court, with the Clerk of Court managing filings, dockets, and child-support disbursement. This guide covers what a Charleston divorce lawyer costs, where and how to file, and the South Carolina laws that govern your case.
Charleston Divorce: Key Facts at a Glance
Charleston divorces are handled by the Charleston County Family Court under the Ninth Judicial Circuit, with a $150 filing fee and a mandatory 90-day waiting period under S.C. Code § 20-3-80. South Carolina is an equitable distribution state, meaning marital property is divided fairly rather than split 50/50. The table below summarizes the core local facts.
| Item | Detail |
|---|---|
| County | Charleston County (Ninth Judicial Circuit) |
| Filing court | Charleston County Family Court, Judicial Center |
| Court address | 100 Broad Street, Suite 143, Charleston, SC 29401 |
| Filing fee | $150 (verify with Clerk; SC counties range $150-$300) |
| Residency requirement | 1 year (one spouse) or 3 months (both in SC) — § 20-3-30 |
| Waiting period | 90 days before final hearing — § 20-3-80 |
| Property model | Equitable distribution — § 20-3-630 |
How do I file for divorce in Charleston, South Carolina?
To file for divorce in Charleston, submit a Summons and Complaint for Divorce, a Family Court Cover Sheet, a Certificate of Exemption, and a notarized Financial Declaration to the Charleston County Family Court at 100 Broad Street. The $150 filing fee applies, and you must serve your spouse before the case proceeds. You can file in person or, in many instances, electronically.
South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10: adultery, desertion for one year, physical cruelty, habitual drunkenness, and the no-fault ground of living separate and apart for one continuous year. Four grounds are fault-based and can be filed immediately. The fifth requires a full year of physical separation in different residences. South Carolina courts have ruled that living in separate bedrooms under one roof does not satisfy the separation requirement, so spouses pursuing no-fault must maintain genuinely separate households.
Because South Carolina does not recognize legal separation, many Charleston spouses file an Order of Separate Support and Maintenance to address custody, support, and debts during the year-long separation period leading up to a no-fault filing.
Where do I file for divorce in Charleston? (which courthouse)
You file for divorce in Charleston at the Charleston County Family Court, located in the Judicial Center at 100 Broad Street, Suite 143, Charleston, SC 29401. The Family Court occupies five courtrooms on the second floor, and the Clerk of Court's office handles all filings at the same address. The general phone number is (843) 958-5000.
The Judicial Center sits at the corner of Broad and Meeting Streets, part of Charleston's famous "Four Corners of Law," directly adjacent to the Historic Courthouse. Parking downtown is limited, so most filers use nearby public garages on Cumberland or Queen Street. The Ninth Judicial Circuit serves both Charleston and Berkeley counties, but Charleston residents file in the Charleston County division. The Clerk of Court, an elected four-year official, is the official records custodian for all family court proceedings and also collects and disburses court-ordered child support.
How much does a divorce lawyer cost in Charleston?
A divorce lawyer in Charleston typically charges $230 to $400 per hour, with most family law attorneys requiring an upfront retainer of $2,500 to $5,000. An uncontested divorce with a written agreement often runs $1,500 to $3,000 in flat or limited-scope fees, while a contested case involving custody or significant assets can reach $10,000 to $25,000 or more.
These costs are separate from the $150 court filing fee. Additional expenses include process server fees of $50 to $125, a $25 temporary hearing fee, and mandatory parenting class fees of $50 to $150 when minor children are involved. Charleston's downtown legal market, concentrated near Broad Street and the King Street corridor, tends to price slightly above rural South Carolina counties. Low-income filers can request a fee waiver using Form SCCA/400 if household income falls below 125% of the federal poverty level, which was approximately $19,500 for an individual in 2026. Many Charleston firms offer flat-fee packages for genuinely uncontested cases, which can substantially lower the total.
How long does a divorce take in Charleston?
A divorce in Charleston takes a minimum of 90 days from filing because South Carolina enforces a mandatory waiting period under S.C. Code § 20-3-80 before the court can hold a final hearing. Most uncontested cases finalize in three to four months, while contested matters involving custody or property disputes commonly take 12 to 18 months.
The 90-day waiting period applies to every case regardless of grounds or mutual agreement, and Charleston County judges cannot waive it. This waiting period is distinct from the one-year separation requirement that applies only to the no-fault ground. If you file on a fault ground such as adultery, you avoid the year-long separation wait but still must observe the 90-day minimum before finalization. Charleston's Family Court docket volume, driven by the Lowcountry's population growth across Mount Pleasant, Summerville, and the peninsula, can extend timelines for contested temporary and final hearings.
What are the residency requirements to file in Charleston County?
To file for divorce in Charleston County, at least one spouse must have lived in South Carolina for one year before filing, or three months if both spouses reside in the state, under S.C. Code § 20-3-30. The residency period must be continuous and is measured up to the date the complaint is filed with the Charleston County Family Court.
Active-duty military members stationed at Joint Base Charleston or other Lowcountry installations generally satisfy residency through continuous physical presence in South Carolina, regardless of their permanent domicile. Venue is proper in Charleston County when the defendant resides there, or when the plaintiff resides there and the defendant lives out of state. Because the Charleston area draws frequent relocations, confirm that your residency clock is satisfied before filing to avoid dismissal.
How is property divided in a Charleston divorce?
Charleston divorces follow South Carolina's equitable distribution rules under S.C. Code § 20-3-630, meaning the Family Court divides marital property fairly based on statutory factors, not automatically 50/50. Marital property includes most assets acquired during the marriage and owned as of the filing date. Nonmarital property such as inheritances, gifts from third parties, and assets owned before marriage is generally excluded.
The court weighs apportionment factors listed in § 20-3-620, including the length of the marriage, each spouse's contributions, and economic circumstances. For Charleston-area couples, this often involves dividing real estate in high-value markets like Daniel Island, Mount Pleasant, and the historic peninsula, where home equity can be the largest single asset. Interspousal gifts, including property transferred through a third party, are treated as marital property subject to division. The court has no authority to divide nonmarital property.
How is child custody decided in Charleston?
Charleston Family Court judges decide custody based on the best interest of the child under S.C. Code § 63-15-240, which lists seventeen specific factors including each child's developmental needs, the parents' capacity to meet those needs, the child's preferences, and any history of domestic violence or abuse. South Carolina law allows both sole and joint custody arrangements.
When custody is contested or either parent seeks joint custody, the court must consider all options and state its reasoning in the final order. Parents of minor children in Charleston County must complete a court-approved parenting education class before finalization, typically costing $50 to $150. Judges also evaluate each parent's willingness to support the child's relationship with the other parent and whether either parent has relocated more than 100 miles from the child's primary residence in the past year.