South Carolina recognizes both no-fault and fault-based grounds for divorce under S.C. Code §20-3-10. The no-fault ground requires the spouses to have lived separate and apart without cohabitation for one year. Fault-based grounds include adultery, habitual drunkenness or narcotics use, physical cruelty, and desertion for one year. Filing on fault grounds allows a spouse to seek divorce without completing the one-year separation period, which can significantly expedite the process.
To file for divorce in South Carolina, one spouse files a Complaint for Divorce or a Summons and Complaint in the Family Court of the county where either spouse resides. The filing fee is approximately $150. The complaint must be served on the other spouse through the county sheriff, a private process server, or by acceptance of service. The respondent has 30 days to file an answer. Once filed, the court cannot enter a final decree until at least 90 days have passed from the date of filing, even for fault-based divorces.
If only one spouse lives in South Carolina, that spouse must have been a resident of the state for at least one year before filing. If both spouses are residents of South Carolina at the time the action is commenced, the filing spouse only needs to have resided in the state for three months. Military members stationed in South Carolina can satisfy the residency requirement. The complaint must be filed in the county where the defendant resides, or if the defendant is a non-resident, in the county where the plaintiff resides.
South Carolina follows equitable distribution principles under S.C. Code §20-3-620. The court divides marital property in a manner that is fair and equitable, though not necessarily equal. Only marital property is subject to division—property acquired during the marriage through the effort of either spouse. Non-marital property, including assets owned before the marriage, property received by gift from third parties, and inherited property, is generally excluded from division and awarded to the owning spouse.
South Carolina courts consider 15 statutory factors including the duration of the marriage, the marital misconduct or fault of either party (which can affect property division in South Carolina), the value of the marital property, the income of each spouse, the earning potential of each spouse, each spouse's physical and emotional health, the need of the custodial parent to occupy the marital home, any marital debt, whether either party made a non-marital contribution to the acquisition or appreciation of marital property, the tax consequences, the desirability of awarding the family home to the custodial parent, existing support obligations from prior marriages, and any other relevant factors the court considers necessary.
South Carolina courts determine custody based on the best interests of the child. The court may award sole custody, joint custody, or any combination of legal and physical custody that serves the child's welfare. South Carolina does not have a statutory presumption in favor of joint custody, but the court will consider it when both parents demonstrate the ability to cooperate effectively.
Legal custody grants the authority to make major decisions about the child's education, health care, and religious training. Physical custody determines where the child primarily resides. Joint custody arrangements may involve shared legal custody (both parents making decisions together) with one parent having primary physical custody and the other having scheduled visitation. South Carolina requires parents to file a parenting plan addressing custody, visitation, and decision-making.
Courts evaluate the temperament and developmental needs of the child, the capacity of each parent to attend to the child's needs, the preference of the child if of sufficient age, the wishes of the parents, the past and current interaction of the child with each parent, the actions of each parent to encourage the child's relationship with the other parent, any history of domestic violence, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. South Carolina also considers the stability of the family unit and the moral fitness of each parent.
For a no-fault divorce, the parties must first complete a one-year separation period before filing. Once filed, the court cannot enter a final decree until at least 90 days after filing. An uncontested no-fault divorce typically takes four to six months after filing. Fault-based divorces can be filed without the separation period but still require the 90-day waiting period. Contested divorces may take one to two years or longer.
Yes, South Carolina is one of the states where marital misconduct can directly impact property division. The court may consider fault or marital misconduct by either party as one of the 15 statutory factors when dividing marital property. This means that adultery, abuse, or other misconduct can influence how assets are distributed, giving the non-offending spouse a potentially larger share.
Living separate and apart for the one-year no-fault ground means the spouses must maintain separate residences and not engage in sexual relations for one continuous year. South Carolina courts generally require the spouses to live in different physical locations—living in separate rooms of the same house typically does not satisfy this requirement. Any reconciliation or cohabitation during the year restarts the clock.
Yes, filing on fault grounds such as adultery, physical cruelty, habitual intoxication, or desertion allows you to bypass the one-year separation requirement entirely. However, you must be able to prove the fault ground in court, and the 90-day post-filing waiting period still applies. If you cannot prove fault, the case may be converted to a no-fault action requiring the one-year separation.