If you live in North Charleston and need a divorce lawyer, your case is handled by the Charleston County Family Court system. North Charleston straddles Charleston, Berkeley, and Dorchester counties, but the largest portion of the city, including neighborhoods like Park Circle, Deer Park, and the area along Rivers Avenue and Montague Avenue near Tanger Outlets, sits in Charleston County. That means most North Charleston divorces are filed at the Charleston County Family Court downtown. Below are the specific filing logistics, costs, and statutes that apply to a divorce here.
How do I file for divorce in North Charleston, South Carolina?
To file for divorce in North Charleston, you submit a Summons and Complaint to the Charleston County Family Court Clerk along with the $150 filing fee, then serve your spouse, who has 30 days to respond if living in South Carolina. South Carolina requires grounds under S.C. Code § 20-3-10: one-year separation (no-fault), adultery, desertion, physical cruelty, or habitual drunkenness. You must also attend a final hearing.
The steps for a North Charleston resident are:
- Confirm you meet the residency requirement under S.C. Code § 20-3-30.
- Choose your ground for divorce under S.C. Code § 20-3-10. Most uncontested cases rely on the one-year continuous separation ground.
- File the Summons, Complaint, and a Family Court Cover Sheet with the Clerk of Court at 100 Broad Street.
- Pay the $150 filing fee, or request a waiver using Form SCCA/400 if your household income falls below 125% of the federal poverty level.
- Serve your spouse and wait out the mandatory 90-day period before the final hearing.
The Clerk's staff cannot give legal advice or help prepare your filings, and self-represented filers are held to the same standards as attorneys, which is one reason many North Charleston residents hire a divorce lawyer.
Where do I file for divorce in North Charleston? Which courthouse?
North Charleston residents in the Charleston County portion of the city file at the Charleston County Family Court, 100 Broad Street, Suite 143, Charleston, SC 29401, phone (843) 958-4400. The Family Court is roughly 8 to 12 miles south of most North Charleston neighborhoods, about a 20 to 30 minute drive down I-26 toward the Charleston peninsula.
A common point of confusion: the building at 3831 Leeds Avenue in North Charleston is the Centralized Bond Hearing Court, not the Family Court. Divorce, custody, alimony, and property cases are not filed there. The Charleston County Family Court at 100 Broad Street handles all separations, divorces, custody and visitation, child support, alimony, and division of marital assets. If part of your North Charleston address falls in Berkeley County (north of the Cooper River line) or Dorchester County (west toward Summerville), you would instead file at that county's Family Court, since you may file where either spouse resides.
How much does a divorce lawyer cost in North Charleston?
A North Charleston divorce lawyer typically charges $250 to $400 per hour, with most attorneys requiring an upfront retainer of $2,500 to $5,000. An uncontested divorce often resolves for $1,500 to $3,500 in total attorney fees, while contested cases involving custody or property disputes commonly run $7,000 to $15,000 or more. The court filing fee adds $150, and service of process costs another $50 to $75.
Cost drivers in a North Charleston case include:
- Whether the divorce is contested or uncontested. Agreement on custody, support, and property is the single biggest cost factor.
- Custody disputes, which can require a guardian ad litem, often adding $2,500 to $5,000.
- Property division complexity under S.C. Code § 20-3-620, especially with a home, retirement accounts, or a business.
- Whether you pursue fault grounds, which require more evidence and hearing time than a one-year separation.
You can estimate likely support and total costs using the tools linked below before your consultation.
How long does a divorce take in North Charleston?
A divorce in North Charleston takes a minimum of 90 days because South Carolina imposes a mandatory 90-day waiting period under S.C. Code § 20-3-80 before any final hearing, and courts cannot waive it. Most uncontested cases finalize in 3 to 4 months after filing. Contested cases involving custody or property typically take 12 to 18 months from the filing date.
If you are using the one-year separation ground, the clock matters on both ends. You must already have lived separate and apart without cohabitation for a continuous year before filing, and the South Carolina Supreme Court has held that living in separate bedrooms in the same house does not satisfy this requirement. Any reconciliation resets the year entirely. Counting the separation year plus the 90-day post-filing wait, a no-fault North Charleston divorce commonly spans 14 to 20 months from the date you physically separated.
What are the residency requirements to file in Charleston County?
Under S.C. Code § 20-3-30, if both spouses live in South Carolina, the filing spouse needs only three months of state residency before starting the case. If only one spouse lives in South Carolina, that spouse must have resided in the state for a full year before filing. Military members stationed in South Carolina satisfy residency through continuous presence.
You can prove North Charleston residency with utility bills, a lease, voter registration, or a South Carolina driver's license. Because you may file where either spouse resides, a North Charleston resident can file in Charleston County even if the other spouse has moved to Berkeley, Dorchester, or out of state.
Key Facts: Divorce in North Charleston, South Carolina
| Detail | North Charleston (Charleston County) |
|---|---|
| County | Charleston County (parts in Berkeley & Dorchester) |
| Filing court | Charleston County Family Court |
| Court address | 100 Broad Street, Suite 143, Charleston, SC 29401 |
| Filing fee | $150 (waiver via Form SCCA/400 if income < 125% FPL) |
| Residency requirement | 3 months if both spouses in SC; 1 year if only one |
| Waiting period | 90 days mandatory before final hearing (§ 20-3-80) |
| Property model | Equitable distribution (not 50/50), § 20-3-620 |
How is property divided in a North Charleston divorce?
South Carolina is an equitable distribution state, so a North Charleston court divides marital property fairly rather than automatically 50/50, weighing factors under S.C. Code § 20-3-620. The court considers marriage length, each spouse's income and earning potential, contributions including homemaking, marital fault that had an economic impact, and the value of the marital home. Property division orders are final and cannot be modified later.
Marital fault, such as adultery, is only relevant to property division if it affected the couple's finances or contributed to the breakup, and conduct after a pendente lite order or signed settlement agreement is not considered. Nonmarital property, like assets owned before marriage or received by inheritance, generally stays with its owner unless it was transmuted into marital property. A 2025 to 2026 bill (Bill 3105) proposes raising the standard for transmutation to clear and convincing evidence of intent, so confirm the current rule with a North Charleston divorce attorney.
How is child custody decided in North Charleston?
A North Charleston family court decides custody based on the best interest of the child under S.C. Code § 63-15-240, weighing each parent's capacity to meet the child's needs, the child's developmental needs, the mental and physical health of all involved, and any history of domestic violence. South Carolina abolished the Tender Years Doctrine, so there is no automatic preference for the mother.
In every contested custody case, each parent must file a parenting plan at the temporary hearing under S.C. Code § 63-15-220, addressing parenting time and major decisions about education, medical care, extracurriculars, and religious training. A parent who left the home to escape domestic violence cannot be penalized for leaving, provided they were not the primary aggressor.