South Carolina treats short marriages differently from long-term unions when dividing property and awarding alimony. Under S.C. Code Ann. § 20-3-620, the duration of the marriage is the first factor courts weigh in equitable distribution, and marriages lasting fewer than 5 years rarely result in permanent periodic alimony. The filing fee is $150, the no-fault separation period is 1 year, and fault-based grounds such as adultery or physical cruelty allow immediate filing without any waiting period under S.C. Code Ann. § 20-3-10.
| Key Fact | Details |
|---|---|
| Filing Fee | $150 (as of March 2026; verify with your local clerk) |
| No-Fault Waiting Period | 1 year of continuous separation |
| Fault-Based Waiting Period | None — file immediately |
| Residency Requirement | 3 months (both SC residents) or 1 year (one SC resident) |
| Grounds for Divorce | Adultery, desertion (1 year), physical cruelty, habitual drunkenness, 1-year separation |
| Property Division | Equitable distribution (not necessarily 50/50) |
| Alimony in Short Marriages | Rehabilitative or reimbursement; permanent alimony is rare |
| Pending Legislation | S 626 may reduce no-fault period to 6 months |
What Qualifies as a Short Marriage in South Carolina?
South Carolina does not define "short marriage" by statute, but family courts consistently treat marriages lasting fewer than 5 years as short-term unions when weighing alimony and property division factors under S.C. Code Ann. § 20-3-620(B)(1). Marriages under 10 years are considered moderate-duration, and marriages exceeding 10 years qualify as long-term for alimony purposes. A divorce after a short marriage in South Carolina typically results in each spouse retaining pre-marital assets, with limited alimony awards.
South Carolina family courts apply a practical framework when evaluating short-term marriage divorce cases. Judges examine whether marital property was genuinely accumulated during the brief union or whether assets were brought into the marriage by one spouse. In marriages lasting 1 to 3 years, courts frequently find that spouses contributed relatively little to joint asset accumulation, leading to streamlined property division. The shorter the marriage, the more likely the court returns each party to their pre-marital financial position rather than splitting assets evenly.
How Does South Carolina Divide Property in a Short Marriage?
South Carolina uses equitable distribution under S.C. Code Ann. § 20-3-620, meaning the court divides marital property fairly based on 15 statutory factors, with marriage duration listed as Factor 1. In short marriages under 5 years, courts typically return pre-marital contributions to each spouse and divide only assets acquired during the brief union. South Carolina does not presume a 50/50 split in any divorce, but short marriage property division often approaches a "you keep what you brought in" outcome.
The 15 equitable distribution factors under S.C. Code Ann. § 20-3-620(B) include:
- Duration of the marriage and ages of the parties
- Marital misconduct or fault
- Contribution of each spouse to acquiring, preserving, or appreciating marital property
- Income and earning potential of each spouse
- Physical and emotional health of each spouse
- Need for additional education or training
- Nonmarital property of each spouse
- Vested retirement benefits
- Whether alimony has been awarded
- Desirability of awarding the family home to the custodial parent
- Tax consequences of the distribution
- Existing support obligations from prior marriages
- Liens, encumbrances, and debts from the marriage
- Child custody arrangements
- Any other relevant factors the court expressly identifies
For a couple married less than a year seeking divorce in South Carolina, courts weigh Factor 1 (duration) and Factor 3 (contributions) most heavily. A spouse who brought a home valued at $250,000 into a 2-year marriage will likely retain that home, while a jointly purchased vehicle worth $35,000 bought during the marriage would be subject to equitable division.
Marital vs. Nonmarital Property in Brief Marriages
Under S.C. Code Ann. § 20-3-630, marital property includes all real and personal property acquired by either spouse during the marriage and owned at the date of filing. Property owned before the marriage remains nonmarital unless it has been transmuted. South Carolina courts require clear and convincing evidence to prove transmutation, meaning one spouse must show the other intended to convert separate property into marital property. Pending legislation in the 2025-2026 session would tighten this standard further, making transmutation claims even harder to prove in short-term marriage divorce cases.
In a marriage lasting fewer than 3 years, transmutation claims rarely succeed. Courts reason that the brief duration provides insufficient time to establish the intent required to convert nonmarital assets. A bank account held solely in one spouse's name before a 14-month marriage, for example, does not become marital property simply because the other spouse deposited $2,000 during the union.
Is Alimony Awarded After a Short Marriage in South Carolina?
Permanent periodic alimony is rarely awarded in South Carolina marriages lasting fewer than 10 years. Under S.C. Code Ann. § 20-3-130, courts consider 13 statutory factors when determining alimony, and marriage duration is Factor 1. For marriages under 5 years, courts typically award rehabilitative alimony lasting 1 to 3 years or reimbursement alimony to compensate a spouse who financed the other's education or career advancement during the brief union.
South Carolina recognizes four types of alimony:
| Alimony Type | Typical Use in Short Marriages | Duration | Modifiable |
|---|---|---|---|
| Permanent Periodic | Rarely awarded; reserved for marriages over 10 years | Ongoing monthly payments | Yes |
| Rehabilitative | Most common in short marriages; funds education or job training | 1-3 years typically | Yes |
| Reimbursement | When one spouse financed the other's degree or career | Fixed total amount | No |
| Lump Sum | Occasionally used for clean financial breaks | One-time or installment | No |
A spouse married for 18 months who supported the other through medical school could receive reimbursement alimony equal to the tuition and living expenses paid during the marriage. South Carolina courts have awarded reimbursement amounts ranging from $15,000 to $75,000 in short marriage cases where one spouse made substantial financial sacrifices for the other's career.
The adultery bar under S.C. Code Ann. § 20-3-130 eliminates alimony eligibility entirely for a spouse who committed adultery before a formal settlement agreement or permanent court order. In short marriages where adultery triggered the divorce, the unfaithful spouse receives zero alimony regardless of other circumstances.
What Are the Grounds for Divorce in a Short Marriage?
South Carolina provides 5 statutory grounds for divorce under S.C. Code Ann. § 20-3-10: adultery, desertion for 1 year, physical cruelty, habitual drunkenness (including narcotic drug use), and living separate and apart for 1 continuous year. Fault-based grounds require no separation period, allowing immediate filing. The no-fault ground requires 1 full year of separation without cohabitation, which can feel burdensome for couples seeking a quick marriage divorce after a brief union.
For couples married less than a year who want to divorce in South Carolina, the 1-year no-fault separation requirement creates a situation where the separation period exceeds the marriage itself. A couple married for 8 months must separate for 12 months before filing on no-fault grounds, meaning the legal process takes longer than the entire marriage lasted. This reality drives many short-marriage spouses to pursue fault-based grounds when available.
Fault-based grounds offer significant advantages in brief marriage divorce cases:
- Adultery: File immediately upon discovery; requires corroboration by a third party or circumstantial evidence
- Physical cruelty: File immediately; requires evidence of actual or threatened physical harm
- Habitual drunkenness: File immediately; includes habitual narcotics use
- Desertion: Requires 1 year of abandonment, providing no speed advantage over no-fault
The South Carolina Supreme Court has held that maintaining separate bedrooms in the same house does not satisfy the 1-year separation requirement. Any reconciliation or resumed cohabitation resets the separation clock entirely. For a couple in a short-term marriage attempting no-fault divorce, even one night of resumed cohabitation restarts the 12-month waiting period.
What Are the Residency Requirements to File?
South Carolina requires the filing spouse to have resided in the state for at least 3 months when both spouses are South Carolina residents, or at least 1 year when only one spouse lives in South Carolina, under S.C. Code Ann. § 20-3-30. Active-duty military members stationed in South Carolina satisfy the residency requirement regardless of their state of legal domicile. Filing occurs in the Family Court of the county where either spouse resides.
For couples who married quickly and one spouse relocated to South Carolina for the marriage, the 1-year residency requirement applies if the other spouse lives out of state. A person who moved to Charleston for a 6-month marriage and whose spouse returned to Georgia must wait until they have lived in South Carolina for 1 full year before filing, unless both spouses establish South Carolina residency (reducing the requirement to 3 months).
How Much Does Divorce Cost After a Short Marriage in South Carolina?
The base filing fee for divorce in South Carolina is $150, with total costs ranging from $500 to $5,000 for uncontested cases and $10,000 to $25,000 or more for contested divorces as of 2026. Short marriages with minimal shared assets typically fall on the lower end of the cost spectrum because there is less property to divide and alimony disputes are uncommon. Process server fees add $50 to $125, and mandatory parenting classes cost $50 to $100 per parent when minor children are involved.
| Cost Component | Estimated Range |
|---|---|
| Court filing fee | $150 |
| Process server (sheriff) | $50-$75 |
| Process server (private) | $75-$125 |
| Attorney fees (uncontested) | $1,500-$4,000 |
| Attorney fees (contested) | $10,000-$25,000+ |
| Mandatory parenting class | $50-$100 per parent |
| Mediation (if ordered) | $2,000-$5,000 |
| Certified copies of decree | $2-$5 per copy |
| Fee waiver available | Yes (Form SCCA/400 for qualifying individuals) |
As of March 2026, verify all fees with your local clerk. South Carolina offers fee waivers through the Affidavit of Indigency (Form SCCA/400) for individuals receiving SNAP, Medicaid, TANF, or falling below income thresholds set by the court.
How Long Does a Short Marriage Divorce Take in South Carolina?
An uncontested divorce after a short marriage in South Carolina takes approximately 3 to 6 months from filing to final decree, provided the 1-year separation period has already been satisfied for no-fault cases. Fault-based divorces can proceed immediately upon filing, with uncontested fault-based cases reaching final judgment in as few as 90 days. Contested divorces involving property disputes or alimony disagreements take 12 to 24 months on average.
The divorce timeline breaks down as follows:
- No-fault separation period: 12 months (must be completed before filing)
- Filing and service of process: 1-4 weeks
- Defendant's response period: 30 days after service
- Temporary hearing (if needed): 4-8 weeks after filing
- Discovery period (contested): 3-6 months
- Mediation (if ordered): 1-2 months
- Final hearing: 2-4 weeks after mediation or settlement
- Total uncontested timeline: 90 days to 6 months after filing
- Total contested timeline: 12-24 months after filing
Pending legislation (S 626) in the 2025-2026 session could reduce the no-fault separation period from 1 year to 6 months. If enacted, this change would significantly shorten the overall timeline for couples pursuing no-fault divorce after a short marriage in South Carolina. The bill would also allow waiver of the separation period entirely in uncontested cases without minor children.
Can a Short Marriage Be Annulled Instead of Divorced?
South Carolina grants annulments only in limited circumstances, and a short marriage duration alone does not qualify for annulment. Under South Carolina common law, annulment requires proof that the marriage was void or voidable from inception due to fraud, duress, bigamy, underage marriage, mental incapacity, or physical incapacity. A marriage lasting 6 months that simply did not work out must be dissolved through divorce, not annulment.
Grounds for annulment in South Carolina include:
- Bigamy: One spouse was already legally married at the time of the ceremony
- Fraud: One spouse deceived the other about a material fact (such as the ability to have children)
- Duress: One spouse was forced or coerced into the marriage
- Underage: One or both spouses were under 18 without proper consent
- Mental incapacity: One spouse lacked the mental capacity to consent
- Physical incapacity: One spouse was permanently unable to consummate the marriage
Annulment treats the marriage as though it never existed, which means there is no marital property to divide and no basis for alimony. For spouses who married under fraudulent circumstances and seek to avoid the 1-year separation period, annulment may provide a faster resolution, but the burden of proof is substantial. South Carolina courts require clear and convincing evidence of the ground for annulment.
What Happens to Debt in a Short Marriage Divorce?
Debt incurred during a short marriage in South Carolina is subject to equitable distribution under the same 15-factor analysis in S.C. Code Ann. § 20-3-620 that governs asset division. Debts accumulated before the marriage remain the responsibility of the spouse who incurred them. Credit card balances, auto loans, and other obligations taken on during the marriage are divided equitably, with courts considering each spouse's income, earning capacity, and ability to pay.
In marriages lasting fewer than 2 years, South Carolina courts typically assign pre-marital debt back to the originating spouse. Joint debts from the marriage are divided based on who benefited from the expenditure and who has the greater ability to repay. A $20,000 student loan taken out by one spouse 3 months before a 10-month marriage remains that spouse's responsibility. A $5,000 joint credit card balance accumulated during the marriage for household expenses would be divided equitably between both spouses.
Pending 2025-2026 Legislation Affecting Short Marriage Divorces
South Carolina Senate Bill 626 (Domestic Violence Divorce Reform Act) could reduce the no-fault separation period from 1 year to 6 months, which would significantly impact couples seeking divorce after a short marriage. The bill also proposes that the 6-month period be waivable entirely if both parties agree, the divorce is uncontested, and no minor children are involved. Domestic violence victims would be exempt from any separation requirement under the proposed legislation.
Additional pending reforms in the 2025-2026 session include:
- Bill 3114: Allows corroboration of evidence by affidavit in uncontested divorces, simplifying the process for short marriages where both parties agree
- Alimony reform proposals: Would tie alimony duration more closely to marriage length with clearer formulas, potentially eliminating permanent alimony for marriages under 10 years
- Transmutation standard tightening: Would require clear and convincing evidence (a higher standard) to prove intent to convert nonmarital property to marital property, benefiting spouses who brought significant assets into short marriages
- Bill 3075: Proposes that postnuptial agreements must be approved by family court to be enforceable
These legislative changes, if enacted, would make the divorce process faster and more predictable for couples ending short-term marriages in South Carolina.
Frequently Asked Questions
Can I get a divorce in South Carolina after being married less than a year?
Yes. South Carolina has no minimum marriage duration requirement for divorce. A couple married for 1 day can file for divorce using the same process as a couple married for 30 years. However, the 1-year no-fault separation period under S.C. Code Ann. § 20-3-10(5) means the separation will last longer than the marriage itself. Filing on fault-based grounds (adultery, cruelty) allows immediate filing without waiting.
How is property divided in a short marriage divorce in South Carolina?
South Carolina uses equitable distribution under S.C. Code Ann. § 20-3-620, with marriage duration as Factor 1 of 15 statutory factors. In marriages under 5 years, courts typically return pre-marital assets to each spouse and divide only property acquired during the brief union. The shorter the marriage, the more likely each spouse retains what they brought in.
Will I have to pay alimony after a 2-year marriage in South Carolina?
Permanent alimony is rarely awarded for marriages under 10 years in South Carolina. Courts typically award rehabilitative alimony lasting 1 to 3 years for short marriages under S.C. Code Ann. § 20-3-130. Reimbursement alimony may apply if one spouse financed the other's education. A spouse who committed adultery is barred from receiving any alimony.
How much does a short marriage divorce cost in South Carolina?
The filing fee is $150, and total costs for an uncontested short marriage divorce typically range from $500 to $5,000, including attorney fees of $1,500 to $4,000. As of March 2026, verify fees with your local clerk. Contested divorces cost $10,000 to $25,000 or more. Fee waivers are available through Form SCCA/400 for qualifying individuals.
Can I get an annulment instead of a divorce for a short marriage?
South Carolina grants annulments only for marriages that were void or voidable from inception due to bigamy, fraud, duress, underage marriage, or incapacity. A short marriage duration alone is not grounds for annulment. If the marriage was legally valid when entered, divorce is the required dissolution method regardless of how brief the union lasted.
How long does it take to divorce after a short marriage in South Carolina?
An uncontested divorce takes 3 to 6 months from filing, but the 1-year no-fault separation must be completed first under S.C. Code Ann. § 20-3-10(5). Fault-based divorces can be finalized in as few as 90 days from filing. Pending legislation (S 626) may reduce the no-fault separation to 6 months, which would significantly accelerate the process.
What are the residency requirements for filing in South Carolina?
The filing spouse must have resided in South Carolina for at least 3 months when both spouses live in the state, or at least 1 year when only one spouse is a South Carolina resident, under S.C. Code Ann. § 20-3-30. Military members stationed in South Carolina satisfy the residency requirement regardless of their legal domicile.
Does South Carolina have a waiting period before finalizing divorce?
South Carolina requires 1 year of continuous separation for no-fault divorces under S.C. Code Ann. § 20-3-10(5). Any cohabitation resets the 12-month clock. Fault-based divorces (adultery, cruelty, habitual drunkenness) have no waiting period and can be filed immediately. Maintaining separate bedrooms in the same home does not satisfy the separation requirement.
What happens to gifts and inherited property in a short marriage divorce?
Gifts and inheritances received by one spouse during the marriage are nonmarital property under S.C. Code Ann. § 20-3-630 and are not subject to equitable distribution. In short marriages, courts are especially protective of nonmarital property because the brief duration makes transmutation (converting separate property to marital property) claims nearly impossible to prove.
Should I hire a lawyer for a short marriage divorce in South Carolina?
While South Carolina allows pro se (self-represented) filing, hiring an attorney is advisable even for short marriages when any property, debt, or children are involved. Attorney fees for uncontested short marriage divorces range from $1,500 to $4,000. Pro se filing saves attorney costs but risks errors that can delay the process or result in unfavorable property division or alimony outcomes.