How long do you have to be separated before you can file for divorce in South Carolina?

For a no-fault divorce in South Carolina, you and your spouse must live separate and apart for a continuous period of one year before the divorce can be granted. There is no required separation period for fault-based grounds such as adultery, desertion, physical cruelty, or habitual drunkenness.

What are the residency requirements to file for divorce in South Carolina?

If both spouses reside in South Carolina, the filing spouse must have lived in the state for at least three months. If only the filing spouse resides in South Carolina, he or she must have lived in the state for at least one year before filing.

How much does it cost to file for divorce in South Carolina?

The court filing fee for a divorce in South Carolina is approximately $150 to $200, depending on the county. Additional costs include attorney fees, service of process fees, and potentially mediation or expert witness fees. Always verify the current filing fee with your local clerk of court.

Is South Carolina a 50/50 divorce state?

No, South Carolina is an equitable distribution state, not a community property state. This means the court divides marital property in a manner it considers fair and equitable, which may or may not result in a 50/50 split. The court considers factors such as the length of the marriage, each spouse's contributions, and financial circumstances.

How long does a divorce take in South Carolina?

The minimum timeline is 90 days from filing to the final decree. However, no-fault divorces require a one-year separation before the divorce can be granted. Uncontested divorces can be finalized relatively quickly after the waiting period, while contested cases may take several months to well over a year.

What is the difference between contested and uncontested divorce in South Carolina?

An uncontested divorce occurs when both spouses agree on all major issues, including property division, custody, and support, allowing the process to move more quickly and affordably. A contested divorce involves disputes over one or more issues that must be resolved through negotiation, mediation, or trial, which increases both the timeline and cost.

How is child custody decided in a South Carolina divorce?

South Carolina courts determine child custody based on the best interests of the child. The court considers factors such as each parent's relationship with the child, the child's adjustment to home and school, parental fitness, and any history of domestic violence or substance abuse. There is no presumption favoring one parent over the other based on gender.

Divorce in South Carolina: A Complete Guide

Q: Can adultery affect alimony in South Carolina?

Yes, adultery can have a significant impact on alimony in South Carolina. Under state law, a spouse who is found to have committed adultery is generally barred from receiving alimony. Adultery may also be considered by the court when making property division decisions.

Introduction

Filing for divorce is one of the most significant legal decisions a person can make, and understanding the specific laws of your state is essential to navigating the process with confidence. South Carolina has its own unique set of statutes governing divorce, from residency requirements and grounds for dissolution to how property is divided and how child custody is determined.

This comprehensive guide is designed to walk you through every major aspect of the divorce process in South Carolina. Whether you are considering a no-fault divorce based on a one-year separation or pursuing a fault-based action, this resource will help you understand what to expect, how to prepare, and what steps to take. Please note that while this guide provides thorough general information, it is not a substitute for personalized legal advice from a qualified South Carolina family law attorney.

Grounds for Divorce in South Carolina

South Carolina law provides five statutory grounds for divorce under S.C. Code § 20-3-10. These are divided into fault-based and no-fault categories.

Fault-Based Grounds

South Carolina recognizes four fault-based grounds for divorce:

Adultery – One spouse engaged in sexual relations with a person outside the marriage. Adultery must be proven by a preponderance of evidence, often through circumstantial evidence showing both inclination and opportunity.
Desertion for One Year – One spouse abandoned the other without justification or consent and remained away for a continuous period of at least one year.
Physical Cruelty – One spouse subjected the other to physical violence or abuse that endangered life, limb, or health, making continued cohabitation unsafe.
Habitual Drunkenness or Narcotics Abuse – One spouse habitually abused alcohol or drugs to the point that it rendered the marriage intolerable. This ground can also encompass habitual use of controlled substances.

When filing on fault-based grounds, the petitioner bears the burden of proving the alleged fault. A key advantage of pursuing a fault-based divorce is that there is no mandatory separation period before filing, which can significantly shorten the overall timeline.

No-Fault Ground

Living Separate and Apart for One Year – The spouses have lived continuously separate and apart without cohabitation for a period of at least one year. This is South Carolina's sole no-fault ground for divorce. Neither spouse needs to prove wrongdoing; the separation itself serves as the basis for the dissolution. The one-year clock must run completely before the divorce action can be finalized on this ground.

The no-fault ground is the most commonly used basis for divorce in South Carolina because it avoids the adversarial nature of proving fault. However, choosing fault-based grounds may influence the court's decisions on matters such as alimony and property division.

Residency Requirements

Before filing for divorce in South Carolina, specific residency requirements must be satisfied as outlined in S.C. Code § 20-3-30:

If both spouses are residents of South Carolina, the filing spouse must have resided in the state for at least three months prior to filing the action.
If only the filing spouse is a resident of South Carolina, he or she must have resided in the state for at least one year before commencing the action.

Residency is established in the county where the filing spouse lives. The divorce complaint is generally filed in the Family Court of the county where either spouse resides. It is critical that these residency thresholds are met at the time of filing; failure to satisfy them can result in the case being dismissed.

Property Division

South Carolina is an equitable distribution state. This means that marital property is not automatically split 50/50. Instead, the court divides marital assets and debts in a manner it considers fair and equitable based on the specific circumstances of the marriage.

Marital vs. Non-Marital Property

The court first distinguishes between marital property and non-marital (separate) property:

Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
Non-marital property includes assets owned before the marriage, inheritances received by one spouse individually, and gifts given specifically to one spouse, provided they were not commingled with marital assets.

Factors the Court Considers

Under S.C. Code § 20-3-620, the court weighs numerous factors when dividing property, including but not limited to:

Duration of the marriage
Age and health of each spouse
Each spouse's income, earning capacity, and financial circumstances
Each spouse's contribution to the acquisition of marital property, including homemaking and child-rearing contributions
The value of each spouse's non-marital property
Tax consequences of the proposed division
Whether either spouse dissipated or wasted marital assets
Marital misconduct or fault, including adultery
Any other relevant factors the court deems necessary for an equitable outcome

Because equitable does not mean equal, outcomes vary significantly from case to case. Having thorough financial documentation is essential to ensuring a fair division.

Child Custody and Visitation

When minor children are involved, South Carolina courts determine custody based on the best interests of the child standard. The court may award joint custody, sole custody, or any combination it deems appropriate.

Types of Custody

Legal custody refers to the right to make major decisions about the child's upbringing, including education, healthcare, and religious training.
Physical custody refers to where the child primarily resides.

Parents may share joint legal custody while one parent has primary physical custody, or the court may award joint physical custody with a detailed parenting plan.

Factors Considered

South Carolina courts evaluate a range of factors when determining custody, including:

The wishes of each parent
The wishes of the child, if the child is of sufficient age and maturity
The relationship of the child with each parent, siblings, and other significant individuals
The child's adjustment to home, school, and community
Each parent's mental and physical health
Any history of domestic violence, substance abuse, or neglect
The ability of each parent to encourage a healthy relationship between the child and the other parent

South Carolina law does not presume that one parent is more fit than the other based on gender. Both mothers and fathers are evaluated equally under the best interests standard.

Visitation

The non-custodial parent is typically granted reasonable visitation rights. Courts may establish a specific visitation schedule or leave it to the parents to agree upon. In cases involving domestic violence or safety concerns, supervised visitation may be ordered.

Spousal Support (Alimony)

South Carolina courts may award alimony to either spouse based on the circumstances of the marriage and the financial needs and abilities of each party. Under S.C. Code § 20-3-130, there are several types of alimony available:

Periodic alimony – Ongoing regular payments, often monthly, that may be modified upon a substantial change in circumstances and typically terminate upon the recipient's remarriage or cohabitation.
Lump-sum alimony – A fixed total amount paid in one or more installments, which is not modifiable.
Rehabilitative alimony – Support intended to help the receiving spouse become self-supporting through education or job training, awarded for a specific period.
Reimbursement alimony – Compensation paid to a spouse who supported the other through education or career advancement during the marriage.
Separate maintenance and support – Support paid while the parties are still legally married but living apart.

Factors Affecting Alimony

The court considers factors such as the duration of the marriage, each spouse's earning capacity, the standard of living during the marriage, physical and emotional health, educational background, and marital misconduct. Notably, a spouse found to have committed adultery is generally barred from receiving alimony under South Carolina law.

Filing Process

Here is a general overview of the steps involved in filing for divorce in South Carolina:

Step 1: Meet Residency Requirements

Ensure that you satisfy the residency requirements under S.C. Code § 20-3-30 before filing.

Step 2: Prepare and File the Complaint

The filing spouse (plaintiff) prepares a Complaint for Divorce, identifying the grounds for divorce and any requests regarding property division, custody, alimony, and support. The complaint is filed with the Family Court in the appropriate county.

Step 3: Pay the Filing Fee

Filing fees in South Carolina typically range from $150 to $200, depending on the county. Fee waivers may be available for those who demonstrate financial hardship.

Step 4: Serve the Other Spouse

The non-filing spouse (defendant) must be formally served with the complaint and a summons. Service may be completed by the sheriff, a process server, or through acceptance of service.

Step 5: Response

The defendant has 30 days from the date of service to file an answer or counterclaim. If the defendant fails to respond, the court may enter a default judgment.

Step 6: Discovery and Negotiation

Both parties exchange financial documents and other relevant information. Many cases are resolved through negotiation, mediation, or settlement conferences without the need for a full trial.

Step 7: Final Hearing

If the parties reach an agreement, the court will review and approve the settlement at a final hearing. If disputes remain, the case will proceed to trial, where a Family Court judge will make final determinations.

Step 8: Final Decree of Divorce

Once all matters are resolved, the court issues a Final Decree of Divorce, officially dissolving the marriage.

Timeline and Costs

Timeline

No-fault divorce: Requires a full one-year separation period before the divorce can be granted on this ground. After filing, there is a minimum 90-day waiting period before the court can issue the final decree.
Fault-based divorce: No separation period is required, but the 90-day minimum from filing to final decree still applies. Contested fault-based divorces involving trial litigation can take significantly longer.
Uncontested divorce: If both spouses agree on all terms, an uncontested divorce can be finalized relatively quickly after the 90-day waiting period.
Contested divorce: Cases involving disputes over property, custody, or alimony can take several months to over a year to resolve.

Costs

Filing fees: Approximately $150–$200 (as of February 2026; verify with your local clerk of court).
Attorney fees: Vary widely depending on case complexity. Uncontested divorces may cost as little as $1,500–$3,000, while contested cases can run $5,000–$25,000 or more.
Mediation fees: If mediation is used, costs are typically split between the parties.
Additional costs: Process server fees, appraisal fees for property, expert witness fees, and court reporter fees may add to the total.

Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws are complex and subject to change. The information presented here is based on South Carolina statutes and general legal principles as of the time of writing and may not reflect the most current legal developments. Every divorce case involves unique facts and circumstances that require individualized legal analysis. You should consult with a qualified South Carolina family law attorney before making any legal decisions regarding your divorce. No attorney-client relationship is created by reading or relying upon this guide.