South Carolina Code Title 20, Chapter 3 - Divorce

South Carolina recognizes five grounds for divorce: (1) adultery, (2) desertion for one year, (3) physical cruelty, (4) habitual drunkenness including narcotics abuse, and (5) living separate and apart without cohabitation for one year (no-fault). The no-fault ground requires a full 12-month continuous separation with no cohabitation — any reconciliation attempt resets the clock.

Effective: 2024

If both spouses live in South Carolina when the divorce is filed, the filing spouse must have resided in the state for at least 3 months. If only one spouse lives in the state, that spouse must have resided there for at least 1 year before filing. Military members stationed in South Carolina count continuous presence regardless of intent to remain permanently.

Effective: 2024

A divorce cannot be granted if the court finds the parties colluded to obtain the divorce through fraud or deception. If collusion is discovered, the court must deny the divorce petition. This prevents spouses from fabricating grounds to circumvent statutory requirements.

Effective: 2024

South Carolina is an equitable distribution state — marital property is divided fairly, not necessarily 50/50. The court must weigh 15 statutory factors including: marriage duration, each spouse's income and earning potential, contributions to marital property (including homemaking), marital misconduct affecting finances, health of each spouse, tax consequences, custody arrangements, retirement benefits, and existing debts. The court's property division order is final and not modifiable.

Effective: 2024

Marital property includes all real and personal property acquired during the marriage and owned at the time of filing, regardless of whose name is on the title. Nonmarital property includes inheritances, gifts from third parties, and property acquired before the marriage. Prenuptial agreements excluding property are enforceable if voluntarily executed with separate legal counsel and full financial disclosure. Interspousal gifts are always marital property subject to division.

Effective: 2024

Nonmarital property can become marital property through 'transmutation' — when separate property is commingled with marital assets, retitled jointly, or used in support of the marriage so that it is no longer traceable. The party claiming property is separate bears the burden of proving its separate nature. A pending bill (2025-2026 Bill 3105) would raise this standard to require clear and convincing evidence of intent to transmute.

Effective: 2024

The court has broad authority to order the sale of marital property, transfer title between spouses, or use any other method necessary to achieve a fair division. This includes ordering one spouse to pay the other a lump sum to equalize an uneven property split. The court can also divide marital debts equitably between the parties.

Effective: 2024

South Carolina has abolished the 'Tender Years Doctrine,' which historically presumed that mothers should have custody of young children. Neither parent receives automatic preference based on gender. Custody decisions are based solely on the best interests of the child.

Effective: 2024

The court makes final custody decisions based on the child's best interests after considering all evidence presented. The court may award joint custody to both parents or sole custody to either parent. There is no presumption in favor of joint or sole custody — the court evaluates each family's circumstances individually.

Effective: 2024

The court considers at least 17 factors when determining custody including: the child's developmental needs, each parent's capacity to meet those needs, the child's preferences, each parent's willingness to foster the other parent's relationship with the child, any manipulation or coercive behavior by a parent, domestic violence history, the child's cultural and spiritual background, each parent's mental and physical health, and whether a parent relocated more than 100 miles from the child's primary residence in the past year.

Effective: 2024

In every contested custody case, each parent must prepare, file, and submit a parenting plan to the court at the temporary hearing. The plan must address the allocation of parenting time and major decisions about the child's education, medical care, extracurricular activities, and religious training. Parents may also file a joint parenting plan. The court must consider these plans but is not bound by them.

Effective: 2024

The court must give specific consideration to domestic violence when making custody decisions, in addition to all other best-interest factors. A parent who fled the home due to domestic violence cannot be penalized in custody proceedings for leaving, provided that parent was not the primary aggressor. The court weighs the impact of abuse on both the child and the victimized parent.

Effective: 2024

South Carolina recognizes four types of alimony: (1) permanent periodic (paid monthly until death, remarriage, or 90+ days of cohabitation — modifiable), (2) lump sum (fixed total, non-modifiable, survives remarriage), (3) rehabilitative (limited duration to allow education or training for self-sufficiency), and (4) reimbursement (repays a spouse who supported the other's education or business development). The court weighs 13 factors including marriage duration, earning capacity, standard of living, marital misconduct, and health. A spouse who committed adultery before separation is barred from receiving alimony. There is no formula — judges have broad discretion.

Effective: 2024

Permanent periodic alimony can be modified or terminated upon a showing of a substantial change in circumstances. Retirement by the paying spouse is specifically recognized as sufficient grounds to warrant a hearing on whether to reduce or terminate alimony. Alimony terminates automatically upon the death of either spouse, the recipient's remarriage, or the recipient's continuous cohabitation with a romantic partner for 90 or more days.

Effective: 2024

South Carolina uses the Income Shares Model for child support, which combines both parents' gross incomes and determines the total support obligation from a guidelines table based on combined income and number of children. Each parent pays their proportional share based on their percentage of combined income. The guidelines amount is presumed correct, but a court may deviate for factors including: educational expenses, other support obligations, extraordinary medical costs, and substantial income disparity between parents.

Effective: 2024

The family court can modify child support at any time upon a showing of changed circumstances or a substantial change in either parent's financial ability. Modifications are not retroactive — they apply only from the date of filing. A parent who falls behind on payments can be held in contempt, facing penalties of up to $1,500 in fines, up to 300 hours of community service, or up to one year in jail. All child support orders include mandatory income withholding unless the court finds good cause to waive it.

Effective: 2024

No divorce hearing can take place until at least 60 days after the complaint is filed. The court cannot issue a final divorce decree until at least 90 days (3 months) after filing. For the no-fault ground, the required one-year separation must already be complete before filing, making the total minimum timeline approximately 15 months from initial separation to final decree.

Effective: 2024

Divorce actions must be filed in the county where the defendant resides at the time the action is commenced, or if the defendant is a nonresident, in the county where the plaintiff resides. Proper venue ensures the case is heard in the family court with the most connection to the parties.

Effective: 2024

The court may order the parties to attempt reconciliation and may refer them to appropriate counseling or marriage therapy. This provision reflects South Carolina's interest in preserving marriages where possible, but it does not prevent a divorce if one or both parties remain committed to ending the marriage.

Effective: 2024

The family court has authority to require parties to engage in court-mandated mediation for all contested divorce and custody issues. Under SC ADR Rule 3, mediation is mandatory in all contested family court cases. Parties must participate in at least 3 hours of mediation unless they reach agreement sooner. Mediation is not binding — the mediator cannot force a settlement. Cases may be exempted for good cause, such as incarceration or if all issues are already resolved by agreement.

Effective: 2024

The court may issue temporary injunctions during divorce proceedings to preserve the status quo. These orders can prevent either spouse from disposing of marital property, dissipating assets, harassing the other spouse, or taking other actions that could harm the other party's interests while the case is pending.

Effective: 2024

A victim of domestic abuse can petition the family court for a protection order at no filing cost. The court can order the abuser to stay away from the victim's home and workplace, award temporary custody and child support, grant possession of the marital home, and prohibit disposal of marital property. Emergency temporary orders can be issued within 24 hours and last 15 days until a full hearing. Final protection orders last 6 months to 1 year and can be extended. Violation is a criminal offense punishable by up to 30 days in jail or a $200 fine, or contempt punishable by up to 1 year in jail and/or a $1,500 fine.

Effective: 2024

Upon granting a divorce or separate maintenance order, the court may allow either party to resume a former surname or the surname of a prior spouse. The easiest approach is to request the name change in the divorce pleadings so it can be included in the final decree, avoiding the need for a separate name change petition.

Effective: 2024

The court may order one spouse to pay the other's attorney fees and litigation costs during a divorce proceeding. This ensures that a spouse with fewer financial resources can still afford adequate legal representation. The court considers each party's financial situation and ability to pay when making this determination.

Effective: 2024

Prenuptial agreements that exclude property from marital division are enforceable in South Carolina, provided the agreement was voluntarily executed, both parties were separately represented by legal counsel, and full financial disclosure was made as required by family court rules. A valid prenuptial agreement is presumed fair and equitable. Property excluded by a written prenuptial agreement is classified as nonmarital and is not subject to the court's equitable apportionment authority.

Effective: 2024

During a pending divorce, the court can issue temporary orders for spousal support, child custody, possession of the marital home, use of vehicles, payment of debts, and preservation of assets. These orders remain in effect until replaced by the final divorce decree. They protect both parties' interests while the case works through the court system.

Effective: 2024

Grandparents may petition the family court for visitation when one or both parents are deceased, divorced, or living separately. The court may grant visitation if it finds the parents are unreasonably depriving the grandparent of access, including denial of visitation for more than 90 days. The court considers the child's best interests, age, relationship with the grandparent, and the impact on the parent-child relationship.

Effective: 2024