Divorce in South Carolina
South Carolina allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a South Carolina resident for one year (or three months if both spouses reside in the state). No-fault divorce requires one year of continuous separation.
Quick Facts
Residency Requirement
1 year (3 months if both reside in state)
Waiting Period
1 year separation for no-fault
Filing Fee
$150-$350
Property Division
equitable distribution
Grounds for Divorce
- •Living separate for 1 year
- •Adultery
- •Physical cruelty
- •Habitual drunkenness
Key Facts
- ★South Carolina requires 1 year of continuous separation for no-fault divorce
- ★Fault-based divorces can be filed without a separation period
- ★Residency is 1 year for one spouse or 3 months if both live in the state
- ★Property is divided by equitable distribution
- ★Adultery may bar alimony in South Carolina
Child Custody
South Carolina courts determine custody based on the best interests of the child. The court considers the temperament of the child, each parent's character, the wishes of the child if of suitable age, and any evidence of domestic violence. Joint custody is available.
Alimony / Spousal Support
South Carolina courts may award four types of alimony: periodic, lump-sum, rehabilitative, and reimbursement. The court considers the duration of the marriage, the ages and health of the parties, marital misconduct, and each party's earning capacity. Adultery can bar alimony claims.
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Common questions about divorce in South Carolina
Yes, but only if you file on fault grounds such as adultery, physical cruelty, or habitual drunkenness. A no-fault divorce requires living separately for one continuous year. Fault-based grounds allow you to bypass the separation requirement.
Yes. South Carolina law provides that a spouse who commits adultery may be barred from receiving alimony. This is one of the few states where marital misconduct directly impacts the right to receive spousal support.