Divorce in South Carolina follows strict legal rules that can affect your family, finances, and future. Before filing, it helps to understand how state law controls when a divorce can begin and how long the process may take.
South Carolina divorce laws set clear requirements for residency, separation, and legal grounds. Courts also apply specific standards to property division, child custody, child support, and alimony. Missing a legal requirement or filing in the wrong court can delay a case or create avoidable problems.
Savage, Royall & Sheheen provides professional guidance on the South Carolina Family Court system. Our firm assists in securing fair outcomes in property division, alimony, and child custody matters.
South Carolina Divorce Laws You Need to Know
To file for divorce in South Carolina, residency requirements must be met under S.C. Code § 20-3-30. If both you and your spouse are residents, you must have lived in the state for at least three months before filing. If only one spouse lives in the state, that person must have been a resident for at least one year. Filing must occur in the Family Court of the county where the defendant resides or where the parties last lived together.
South Carolina recognizes one no-fault ground and four fault-based grounds for divorce. The no-fault option requires the couple to live separately and apart without cohabitation for one continuous year.
Grounds for Divorce in South Carolina
South Carolina Code Section 20-3-10 outlines five legal grounds for divorce:
- No-Fault (One Year’s Separation): Living apart for one year without any sexual intimacy.
- Adultery: Proof of the inclination and opportunity for a spouse to engage in an extramarital affair.
- Desertion: Abandonment for a period of at least one year.
- Physical Cruelty: Physical violence that endangers life or health.
- Habitual Drunkenness or Narcotic Use: Persistent use of alcohol or drugs.
Proving “fault” grounds like adultery or physical cruelty can impact alimony and the division of assets.
The state follows the principle of equitable distribution for dividing marital property, meaning assets and debts are divided fairly, but not always 50/50. Judges consider factors such as the length of the marriage, each spouse’s income, and any marital misconduct when deciding on a fair split. Because South Carolina does not recognize “legal separation,” many couples seek an Order of Separate Support and Maintenance to handle financial and custody issues while waiting for the one-year separation period to end.
How to File for Divorce in SC: Step-by-Step
To file for divorce in South Carolina, you must follow these specific legal steps:
1. Prepare the Pleadings
Draft a Summons and Complaint. These documents list the grounds for divorce and what you are seeking from the court, such as child custody, child support, or property division.
2. File With the Clerk of Court
Take the original documents to the Family Court in your county. You must pay a filing fee unless you qualify for a fee waiver.
3. Serve the Spouse
You must provide legal notice to your spouse. This is usually done via a process server, a sheriff’s deputy, or through certified mail with a return receipt.
4. The Waiting Period
The defendant has 30 days to file an answer. If the divorce is based on fault grounds, a hearing can be requested sooner. If it is a no-fault case, the one-year separation must be complete before the final hearing.
5. Mediation and Final Hearing
Many South Carolina counties require mediation before a trial. If an agreement is reached, a judge reviews the terms at a final hearing to ensure they are fair and signs the decree.
Contested vs. Uncontested Divorce in South Carolina
An uncontested divorce occurs when both spouses agree on every issue, including the division of marital property, alimony, and child custody. In South Carolina, these cases are often based on the no-fault ground of a one-year separation. Because there are no disputes for a judge to resolve, the process is typically faster and involves fewer court appearances.
A contested divorce happens when spouses disagree on one or more terms, requiring the court to intervene and decide matters such as equitable distribution and visitation schedules. In South Carolina, contested cases often involve fault-based grounds and require a lengthier process of discovery, mediation, and a formal trial.
How Long Does It Take to Get a Divorce in South Carolina?
The timeline for a divorce in South Carolina depends largely on the grounds for divorce and whether the case is contested. Under South Carolina divorce laws, the shortest possible divorce still takes just over one year in most situations because there’s a mandatory one-year separation for no-fault divorce cases.
Fault-based divorces may move faster, though they often become more complicated. Grounds such as adultery, physical cruelty, habitual drunkenness, or desertion allow a spouse to file without waiting one year.
Even so, fault must be proven with evidence, which can lengthen the case. Many fault-based divorces turn into contested matters involving hearings, discovery, and witness testimony. As a result, these cases often take longer than expected despite the lack of a separation requirement.
An uncontested divorce in South Carolina, on the other hand, can move relatively quickly once the legal requirements are met. After filing the paperwork and requesting a final hearing, some courts can issue a final order within a few months.
Contact a Camden Divorce Lawyer
Filing for divorce in South Carolina involves strict procedural rules and long-term consequences for finances and family relationships. A local divorce lawyer can help ensure filings comply with South Carolina divorce laws and protect your interests at every stage.
To discuss divorce in South Carolina or how to file for divorce in S.C., contact Savage, Royall & Sheheen at 803-432-4391 to request a consultation with a Camden divorce lawyer.