Divorce Laws in South Carolina: Complete 2026 Guide

South Carolina law provides five statutory grounds for divorce, as set forth in S.C. Code § 20-3-10. Four of these are fault-based grounds: (1) adultery, (2) desertion for a period of one year, (3) physical cruelty, and (4) habitual drunkenness, which is construed to include habitual drunkenness caused by the use of any narcotic drug. The fifth ground is the state's sole no-fault option: living separate and apart without cohabitation for a continuous period of one year. For the no-fault ground, spouses must have lived in completely separate residences for an uninterrupted year. The South Carolina Supreme Court has held that maintaining separate bedrooms in the same house does not satisfy the separation requirement (Barnes v. Barnes, 380 S.E.2d 538 (S.C. 1981)). Any reconciliation or resumed cohabitation during the one-year period resets the clock. Either spouse may file on this ground once the year of separation is complete. Fault-based grounds require proof and generally involve more complex litigation. Adultery may be proven through circumstantial evidence rather than direct observation of the act. Physical cruelty requires demonstrating that the spouse's conduct created a substantial risk of death or serious bodily harm — a single isolated incident may not suffice, and mental or verbal abuse alone does not qualify as a ground for divorce in South Carolina. Habitual drunkenness must be shown to have caused the breakdown of the marriage and to have existed at or near the time of filing (Epperly v. Epperly, 312 S.C. 411, 440 S.E.2d 884 (1994)). A key advantage of fault-based grounds is the ability to file without waiting for the one-year separation period. If a party can prove a fault ground, the Family Court may grant a divorce as quickly as 90 days after the case is filed. However, fault-based divorces are typically more expensive due to the evidentiary requirements, including potential use of private investigators, witness testimony, and medical records. A common defense to any fault-based ground is 'condonation,' which requires showing that the innocent spouse was aware of the misconduct and chose to remain in the marriage. Fault that has been condoned cannot serve as a basis for divorce unless the offending spouse subsequently repeats the behavior. Notably, South Carolina is one of the few states where the grounds for divorce are enshrined in its state constitution. The choice of grounds can have significant implications beyond simply obtaining the divorce itself — fault can affect alimony eligibility, property division percentages, and even custody determinations in some circumstances.

South Carolina has specific residency requirements that must be met before a divorce action can be commenced, as set forth in S.C. Code § 20-3-30. The requirements depend on whether one or both spouses reside in the state at the time of filing. If both spouses are residents of South Carolina at the time the divorce is filed, the filing spouse (plaintiff) must have resided in the state for at least three months immediately prior to filing. This reduced requirement recognizes that both parties have sufficient connection to the state to warrant jurisdiction. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one full year before filing the divorce action. This longer residency requirement applies whether the filing spouse is the South Carolina resident or whether the non-filing spouse is the resident. Active military personnel stationed in South Carolina qualify as residents for purposes of meeting these requirements. In addition to residency requirements, proper venue must be established. The Complaint for Divorce must be filed in the correct county. If both spouses live in South Carolina, the case may be filed in the county where the couple last lived together or where the defendant currently resides. If the defendant lives out of state, the case is filed in the county where the plaintiff resides. It is important to note that even if the residency requirement for divorce is met, the court may not be able to address child custody issues unless the child has lived with a parent in South Carolina for at least six months before filing (or since birth for younger children), in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Consumers who have recently relocated to South Carolina should keep records of their residency, such as utility bills, lease agreements, voter registration, or driver's license records, to demonstrate they meet the required residency period.

South Carolina is an equitable distribution state, meaning marital property is divided in a manner the court considers fair, though not necessarily in an equal 50/50 split. The statutory framework for property division is found in S.C. Code §§ 20-3-610 through 20-3-690. Under S.C. Code § 20-3-630, marital property is defined as all real and personal property acquired by the parties during the marriage and owned as of the date of filing or commencement of marital litigation. Important exceptions include property acquired by inheritance, property received as a gift from someone other than the spouse, and property excluded by a valid prenuptial agreement. The court follows a four-step process: (1) identify all marital and non-marital property, (2) determine the fair market value of the marital property, (3) apportion the marital estate according to the contributions of each spouse and the 15 statutory factors set forth in S.C. Code § 20-3-620, and (4) distribute the property equitably. The statutory factors include the duration of the marriage, the ages of the parties, marital misconduct or fault, the value of the marital property, the contribution of each spouse to the acquisition and preservation of marital property (including contributions as a homemaker), income and earning potential of each spouse, physical and emotional health of each spouse, the need for additional training or education, non-marital property of each spouse, vested retirement benefits, any prior alimony awards, the desirability of awarding the family home to the custodial parent, tax consequences, existing liens and debts, child custody arrangements, and any other relevant factors. Fault plays a notable role in South Carolina property division. Marital misconduct that affected the economic circumstances of the parties or contributed to the breakup of the marriage can influence the court's apportionment. In long-term marriages, courts generally start from a presumption of roughly equal division, and deviations greater than 60/40 are relatively rare. In shorter marriages, the court is more likely to closely analyze each party's specific contributions before dividing property. Separate property — including assets owned before marriage, inheritances, and gifts from third parties — generally remains with the original owner and is not subject to division. However, separate property can be 'transmuted' into marital property if it is commingled with marital assets, such as depositing an inheritance into a joint bank account or adding a spouse's name to the title of inherited property. The appreciation of separate property is generally considered separate, but active appreciation resulting from marital efforts may be subject to division. The court's property division order is final and not subject to modification except through appeal.

Alimony (spousal support) in South Carolina is governed by S.C. Code § 20-3-130. The court may grant alimony in such amounts and for such terms as it considers appropriate based on the circumstances of the parties. There are four primary types of alimony recognized in South Carolina: (1) periodic alimony, which provides ongoing support terminating upon remarriage, continued cohabitation (90+ consecutive days), or death of either spouse and is modifiable based on changed circumstances; (2) lump-sum alimony, a fixed amount paid all at once or in set installments that is not modifiable; (3) rehabilitative alimony, designed to support a spouse while gaining education or job skills to reenter the workforce; and (4) reimbursement alimony, intended to reimburse a spouse for investments in the other spouse's education or business development. When determining whether to award alimony, and in what amount, the court must consider 13 statutory factors under § 20-3-130(C): (1) the duration of the marriage and ages of the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse and need for additional training; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and non-marital properties of the parties; (9) custody of the children, particularly where circumstances make it appropriate that the custodial parent not work outside the home or work on a limited basis; (10) marital misconduct or fault; (11) tax consequences; (12) any prior support obligations from another marriage; and (13) any other relevant factors. A critical rule in South Carolina is that no alimony may be awarded to a spouse who commits adultery before the formal signing of a written property or marital settlement agreement or entry of a permanent order of separate maintenance and support (§ 20-3-130(A)). This statutory bar makes adultery a particularly significant issue in alimony proceedings. Marital fault generally, even beyond adultery, is considered when determining alimony awards. There is no fixed formula for calculating alimony in South Carolina — awards are highly fact-specific and left to the discretion of the family court judge. Periodic alimony is historically the most common and favored form of alimony in the state. Alimony can be modified upon a showing of a substantial change of circumstances, and the retirement of the supporting spouse constitutes sufficient grounds to warrant a hearing on modification under S.C. Code § 20-3-170. Cohabitation by the supported spouse (residing with another person in a romantic relationship for 90+ consecutive days) is grounds for termination of periodic alimony.

In South Carolina, child custody is determined based on the best interests of the child, as outlined in S.C. Code § 63-15-240. The court does not presume in favor of either parent based on gender, and both mothers and fathers have equal standing when seeking custody. South Carolina courts may award sole custody to one parent, joint custody, or other custody arrangements as deemed appropriate for the child's well-being. When issuing or modifying a custody order, the court must consider a comprehensive list of factors under § 63-15-240(B), which include: the temperament and developmental needs of the child; each parent's capacity and disposition to understand and meet the child's needs; the child's preferences (weighted by age and maturity); the wishes of the parents; the past and current interaction and relationship of the child with each parent, siblings, and other significant persons (including grandparents); each parent's efforts to encourage the continuing parent-child relationship with the other parent; any manipulation or coercive behavior by parents to involve the child in their dispute; efforts by one parent to disparage the other in front of the child; each parent's ability to be actively involved in the child's life; the child's adjustment to home, school, and community; the mental and physical health of all individuals involved; the child's cultural and spiritual background; whether the child or sibling has been abused or neglected; whether domestic violence or child abuse has occurred; whether a parent has relocated more than 100 miles in the past year; and any other factors the court considers necessary. South Carolina law encourages active participation by both parents in the child's life. When joint custody is awarded, the order must include residential arrangements and provisions for how parents will communicate and make major decisions regarding the child's health, education, extracurricular activities, and religious training. The court specifically considers domestic violence under S.C. Code § 63-15-40 and will factor any history of domestic violence into its custody determination. For cases involving minor children, the child must generally have resided in South Carolina for at least six months (or since birth if younger) for the court to have jurisdiction over custody matters under the UCCJEA. South Carolina also requires divorcing parents to complete a certified parenting class before the divorce can be finalized, with most counties accepting online courses. The child's reasonable preference for custody is considered under S.C. Code § 63-15-30, with weight given based on the child's age, experience, maturity, judgment, and ability to express a preference.

Filing for divorce in South Carolina begins with preparing the required legal documents. The filing spouse (plaintiff) must complete a Complaint for Divorce, a Summons, a Family Court Coversheet, and the DHEC Form 0692 (Report of Divorce for vital statistics). Additional forms may be needed depending on the circumstances, such as financial declaration forms and, if children are involved, parenting plan documents and child support worksheets. Forms and instructions are available on the South Carolina Judicial Branch website, and separate form packets exist for the filing spouse and the responding spouse. The completed and signed forms (some of which require notarization) are filed with the Clerk of Court, Family Court Division, in the appropriate county. If both spouses reside in South Carolina, the case may be filed in the county where the couple last lived together or where the defendant currently resides. If the defendant lives out of state, the plaintiff files in their own county of residence. The filing fee is approximately $150. Additional costs may include process server fees ($50–$125), temporary hearing fees ($25), document copy fees, and mandatory parenting class fees ($50–$150 if children are involved). After filing, the plaintiff must serve the divorce papers on the defendant. In an uncontested divorce, the defendant may sign an Acceptance of Service, waiving formal service. Otherwise, papers may be served by a sheriff's deputy or private process server. The defendant then has 30 days to file an answer or response. If the defendant does not respond, the plaintiff may proceed by default. For an uncontested (simple) divorce, the case proceeds to a final hearing before a Family Court judge after the mandatory waiting period (90 days from filing for no-fault cases). At the hearing, the plaintiff must appear in person and bring a corroborating witness who can testify to the grounds for divorce (e.g., that the spouses have lived separate and apart for one year). The judge reviews the settlement agreement, confirms all terms are agreed upon, and issues the Final Decree of Divorce. For contested divorces, the process includes discovery, potential mediation (which may be court-ordered), temporary hearings on interim issues such as custody and support, and ultimately a trial before the Family Court judge if settlement cannot be reached. Consumers should note that while it is legal to file for divorce without an attorney (pro se), South Carolina divorce forms and procedures can be complex. Mistakes in paperwork can result in delays or rejected filings. Many attorneys and legal services offer consultations or flat-fee packages for uncontested divorces. All divorce cases in South Carolina are heard exclusively by the Family Court, which has original and exclusive jurisdiction over all matters involving domestic or family relationships. The Family Court was established as a uniform statewide system by statute in 1976 under the South Carolina Children's Code, Title 63, Chapter 3. Pursuant to S.C. Code § 63-3-530, the Family Court is the sole forum for hearing cases concerning marriage, divorce, legal separation, custody, visitation, termination of parental rights, adoption, support, alimony, division of marital property, and name changes. South Carolina is divided into 16 judicial circuits, and each circuit has at least two Family Court judges who are elected by the General Assembly for staggered six-year terms. Family Court judges rotate primarily within their resident circuits, though they may be assigned to other circuits based on caseload needs as directed by the Chief Justice. Unlike the Circuit Court (which handles general civil and criminal matters), the Family Court does not use juries — all cases are decided by the judge alone. Appeals from Family Court decisions go to the South Carolina Court of Appeals, which consists of a Chief Judge and eight associate judges who sit in three-judge panels or as a whole body. Further appeals from the Court of Appeals may be heard by the South Carolina Supreme Court, the state's highest court, which consists of a Chief Justice and four Associate Justices serving ten-year terms. In certain limited circumstances, appeals from the Family Court may go directly to the Supreme Court. The Family Court also has authority to require parties to engage in court-mandated mediation, to issue temporary orders during the pendency of a case (including temporary custody, support, and restraining orders), to award attorney's fees and suit costs, and to hold parties in contempt for violation of court orders. The Family Court Clerk's office in each county handles all filings and maintains case records. South Carolina's Family Court Case Management System (FCCMS) provides a public portal where parties and the public can access case information, filings, and hearing schedules.

South Carolina imposes a mandatory one-year separation period for no-fault divorces. Under S.C. Code § 20-3-10(5), spouses must live separate and apart without cohabitation for one continuous year before either party may file for divorce on no-fault grounds. This means the spouses must maintain entirely separate residences — the South Carolina Supreme Court has held that living in separate bedrooms within the same house does not satisfy the requirement. Any reconciliation or resumption of cohabitation during this period resets the one-year clock. For fault-based divorces (adultery, physical cruelty, habitual drunkenness, or desertion), there is no required separation period before filing. A spouse may file immediately upon having grounds, provided they can substantiate the alleged fault. However, the grounds of desertion inherently require a one-year period, as the statute defines desertion as abandonment for a period of one year. After the divorce complaint is filed, South Carolina law imposes additional procedural waiting periods. Under S.C. Code § 20-3-80, in no-fault cases, the court cannot refer the case (assign it to a hearing) until at least 90 days after the filing of the complaint. This means that even after the one-year separation and filing, the earliest the divorce can be finalized is approximately three months later. In fault-based cases, the court can similarly finalize the divorce after approximately 90 days from filing, assuming the evidence is sufficient and the parties agree on all terms. The practical timeline for divorce varies considerably. An uncontested no-fault divorce, where both parties agree on all terms, can potentially be finalized approximately 3 to 4 months after filing (which itself comes after the mandatory one-year separation). Contested divorces can take significantly longer — 6 months to over a year after filing — depending on the complexity of issues such as property division, child custody, and alimony, as well as court scheduling in the particular county. There is no waiting period after the divorce is finalized before either party may remarry.