A Guide to Divorce in South Carolina

Divorce is never easy, but navigating the process becomes less overwhelming when you understand how the law works and what steps you need to take.

Family law is regulated at the state level, and South Carolina has its own rules for residency, grounds for divorce, separation requirements, and what a court can decide during a divorce case. Whether you’re preparing for a divorce or just considering your options, this guide breaks down the essentials in clear, practical terms.

Residency Requirements for a South Carolina Divorce

Before a South Carolina court can grant a divorce, it must have legal jurisdiction to hear the case. Residency rules determine whether the court has this power and understanding them is essential to avoid delays or a dismissal.

What the Law Requires

South Carolina law sets out very clear residency requirements for divorce in S.C. Code Ann. § 20-3-30i:

• If both spouses live in South Carolina, either spouse may file after living in the state for at least 3 months.
• If only one spouse resides in South Carolina, that spouse must have lived in the state for at least 1 year before filing.
• Active-duty service members stationed in South Carolina may qualify as residents for divorce purposes. The terms ‘residents’ or ‘resided’ as used in this section as it applies to a plaintiff or defendant stationed in this State on active-duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.

If you are unsure whether you meet these requirements, a South Carolina divorce lawyer can help you document residency and avoid issues that may delay your case.

Schedule your free meeting with our team today to see if our Lawyers can help you.

Contested vs. Uncontested Divorce in South Carolina

Contested and uncontested divorce are terms that describe whether two spouses agree – or disagree – on the issues to be resolved before the court will finalize a divorce. While the steps of divorce are the same, the path is very different depending on which category your case falls into.

An uncontested divorce occurs when both spouses agree on all major issues which can include the division of marital property and debt, child custody, visitation, child support, and alimony (if any). Because there are no disputes to resolve, uncontested divorces can be a faster and less stressful solution for a couple.

A contested divorce arises when spouses can’t reach agreement on one or more key issues. Contested divorces often involve temporary hearings, discovery, the involvement of financial experts, custody evaluators, psychological experts, and, if unresolved at mediation, a requirement in South Carolina, a final trial before a family court judge. Contested cases take longer, are more complex, and can be expensive. Especially when a judge must evaluate the evidence, hear testimony, and apply the law to reach decisions that spouses cannot resolve themselves.

Grounds for Divorce in South Carolina

South Carolina is one of the few states that still recognizes both fault-based and no-fault divorce. Choosing the correct legal grounds is a strategic decision that can affect the timeline of your case, the evidence required, and even issues like alimony or property division. Understanding these grounds helps you determine which approach best aligns with your situation and goals.

The Five Grounds for Divorce in South Carolina

Under S.C. Code Ann. § 20-3-10, a court may grant a divorce based on any of the following grounds:

Adultery

Adultery must be proven by clear evidence, direct or circumstantial, that your spouse had both the opportunity and inclination to engage in a sexual relationship outside your marriage.

Physical Cruelty

Physical cruelty includes acts of physical violence or behavior that creates a reasonable fear of bodily harm. A single incident may be enough to use as grounds for divorce.

Habitual Drunkenness (Including Narcotic Drug Use)

This misconduct must be habitual, ongoing, and have contributed to the breakdown of the marriage.

One-Year Separation (No-Fault Divorce)

South Carolina’s only no-fault option requires spouses to live separately and apart in different residences for one full and uninterrupted year.

Each ground carries specific requirements and potential consequences, especially in fault-based cases where misconduct may influence alimony or equitable property division. Working with your attorney to determine if you meet the requirements and have the proof necessary to file with fault grounds should be discussed early in your case.

Click to contact our family lawyers today

Understanding the One-Year Separation Requirement for a No-Fault Divorce in South Carolina

For many couples, a no-fault divorce feels like the most respectful and straightforward way to end a marriage. But in South Carolina, the no-fault option comes with stringent separation requirements. Understanding these is critical because even a small misstep can reset the separation clock and delay your divorce filing.

Spouses must live in completely separate residences.

South Carolina law is very clear: sleeping in separate bedrooms in the same home does not constitute living “separate and apart.” To qualify for a no-fault divorce, spouses must live in different physical residences for the entire year.

Living under the same roof, even for convenience or financial reasons, breaks the requirement. Courts interpret “separate and apart” strictly because the separation period is meant to signal a permanent end to cohabitation.

This rule comes directly from S.C. Code Ann. § 20-3-10(5) and decades of South Carolina case law.

Any reconciliation, no matter how brief, can restart the clock.

South Carolina courts treat reconciliation as evidence that the separation has ended.

Even a brief attempt to reconcile, such as spending the night together, going on a romantic trip, or resuming marital relations, can reset the entire year. Courts often look at both spouses’ intentions, not just physical actions. If either party presents evidence suggesting the marriage was revived, the separation period may be invalidated.

In other words, a short lapse in judgment can unintentionally delay the ability to file for the divorce.

Judges must see a full 12 months of uninterrupted separation before they can grant a no-fault divorce.

Because South Carolina enforces this rule so strictly, many couples find it helpful to speak with a South Carolina divorce attorney before separating. Precise planning, documentation, and consistent living arrangements can help ensure the separation period counts and prevent costly delays when you’re ready to move forward.

Schedule a call with one of our client services coordinators today

Filing for Divorce in South Carolina: The Process

While every divorce has unique emotional and financial considerations, the legal process follows a predictable structure. Understanding each step can help you manage expectations and prepare for what comes next.

Steps in the Filing Process

1. Filing the complaint – The spouse initiating the divorce files a Complaint with the Clerk of the Court in the appropriate county. This document outlines the grounds for divorce and the relief you are requesting.
2. Serving the other spouse – South Carolina requires proper legal service before the case can proceed. Service may be accomplished by a sheriff, a private process server, or, in rare cases, by publication.
3. Financial disclosures and temporary hearings – Under Rule 20, South Carolina Rules of Family Court, each spouse must file a Financial Disclosure Form (SCCA430) whenever financial issues are involved. Many cases also require a Temporary Hearing wherein temporary orders for child custody, visitaion, child support and other temporary issues are addressed in order to allow the discovery process to begin and to appoint a Guardian ad Litem for the minor children of the marriage.
4. Guardian ad Litem – In every case involving children either the Court will appoint, or the parties will agree on a person to serve as Guardian ad Litem to the minor children.
5. Divorce discovery – This is the information gathering phase designed to uncover details needed to resolve the case. Even in amicable divorces, discovery ensures transparency and helps prevent hidden assets, unreported income, or incomplete financial disclosures.
6. Mediation – Every divorce case in South Carolina that cannot be settled between the parties is required to go to Mediation. A certified mediator is either chosen by the parties through their attorneys or appointed by the judge to hear and assess both parties’ arguments and mediate an agreement. If no agreement is reached, the case must go to trial.
7. Final divorce hearing – A judge reviews evidence, confirms the grounds for divorce, and issues a final decree.

While these steps seem straightforward, the divorce process can be complex, especially when children or significant assets are involved. A knowledgeable South Carolina family law attorney can help explain and streamline the process, protecting your rights at every stage.

Child Custody in a South Carolina Divorce

When parents’ divorce, one of the most emotional and consequential decisions involves where the children will live and how parenting responsibilities will be shared. South Carolina courts approach child custody decisions with a firm commitment to protecting the best interests of the child.

How South Carolina Courts Determine Child Custody

Under S.C. Code Ann. § 63-15-240ii, the court must consider the” best interest of the child,” which includes an evaluation of numerous factors, such as:

• Each parent’s caregiving history – The court will consider who has handled daily responsibilities such as feeding, schooling, medical appointments, and extracurricular activities.
• The child’s physical, emotional, and educational needs – The court will assess the unique developmental needs of the child, and which environment best supports them.
• The stability of each home environment includes housing, routines, neighborhood safety, and availability of support systems.
• Parental conduct – Any history of domestic violence, substance abuse, unsafe behavior, or neglect can weigh heavily against custody.
• The willingness of each parent to foster a healthy relationship with the other parent – Courts encourage cooperation and communication with the other parent.

While every family’s situation is unique, the courts increasingly recognize that children tend to thrive when they maintain strong, consistent relationships with both parents. As a result, South Carolina judges generally prefer shared parenting arrangements whenever they are safe, practical, and in the best interests of the child.

Child Support in a South Carolina Divorce

Child support ensures that both parents continue financially contributing to their children’s well-being after the marriage ends. South Carolina has standardized guidelines to promote fairness and consistency, but judges still have the authority to adjust support if special circumstances exist.

How Child Support is Calculated in South Carolina

South Carolina calculates support using the South Carolina Child Support Guidelines, authorized under S.C. Code Ann. § 63-17-470iii. Factors that determine the support amount include:

• Each parent’s gross monthly income
• The custody arrangements
• Work-related childcare costs
• Health insurance premiums
• Extraordinary medical or educational needs
• Other children in either household

Support is typically paid until the child turns 18 or graduates from high school, whichever is later but in no case past the child’s 19th birthday. Courts may extend support for children with disabilities if the parent can show clear and compelling evidence of need. In these instances, the support guidelines are just a starting point.

Property Division in a South Carolina Divorce

Fairly dividing marital property can be one of the most important – and stressful – parts of the divorce process. South Carolina uses an equitable distribution model for property division, meaning that property is divided “equitably” but not always equally. Equitable distribution is based on many statutory factors, including:

• The length of the marriage
• Contributions of each spouse, both financial and non-financial
• Any marital misconduct
• The economic circumstances of each spouse
• Non-marital property belonging to either spouse

Because property division can have long-term financial consequences, it is important to work with an experienced South Carolina divorce lawyer who can properly assess your property interests and achieve a fair outcome.

Alimony (Spousal Support) in South Carolina

Alimony is designed to attempt financial fairness after divorce, particularly when one spouse has significantly less income or earning potential. South Carolina courts have broad discretion in awarding alimony, and the type and amount can vary greatly.

• Permanent periodic alimony – The most common form of support in South Carolina, this is paid on a recurring basis and continues until the receiving spouse remarries, either party dies, or the court orders otherwise.
• Rehabilitative alimony – Rehabilitative alimony provides support for a limited time, helping the receiving spouse become self-sufficient. This is usually awarded when one spouse needs education, training, or time to re-enter the workforce.
• Reimbursement alimony – Reimbursement alimony compensates a spouse for financial contributions made during the marriage that benefited the other spouse’s earning capacity or career. It can be paid in a lump sum or over a short time.
• Lump-sum alimony – Lump-sum alimony is a fixed amount paid either in a single payment or a set number of installments. It is sometimes awarded in place of or alongside property division.
• Temporary alimony (Pendente Lite) — Temporary alimony, also called pendente lite support, provides financial assistance while the divorce case is pending.

Understanding the types of alimony is essential when negotiating a divorce settlement or preparing for trial. Because alimony affects each spouse’s long-term financial stability, courts take great care in evaluating the marriage’s history, each spouse’s earning capacity, and any marital misconduct when making their decisions.

Taking the Next Step Toward a Better Future

Divorce is one of the most significant transitions a person can experience, and it can feel legally and emotionally overwhelming without the right support.

If you are facing a divorce, the decisions you make now can shape your parental rights, your financial security, and your long-term well-being. With careful planning and the right legal representation, you can navigate your divorce confidently and move forward on solid ground. At Melone Hatley, P.C., our experienced South Carolina family law attorneys are here to protect what matters most. Call our South Carolina office at 839-213-4545 or contact us online to schedule a free consultation with one of our Client Services Coordinators.

Written By Rebecca MeloneA Northern Virginia native, Rebecca now resides in the Hampton Roads area with her husband and children. Family has always been at the heart of her personal and professional life, inspiring her to build a law firm dedicated to helping others navigate life’s most personal challenges. Outside the office, she’s a proud mom and cherishes time spent with her loved ones—whether it’s at local community events, school activities, or quiet moments at home.View Profile

Schedule a call with one of our client services coordinators today.