Header

South Carolina Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 3, 2024

Editorial Note: This content is based solely on the author's opinions and is not provided, approved, endorsed or reviewed by any partner.

We receive compensation from third parties when you apply for and receive one of their products or services on this website. This may impact which companies we feature or review, the products and services we evaluate, and where and how a product or service appears on this website.

Contemplating a divorce in South Carolina necessitates thorough knowledge of the state's divorce landscape. This guide delineates the myriad aspects of South Carolina divorce, ensuring you're well-equipped to navigate this challenging terrain. In this manual, discover insights about:

How do you file for divorce in South Carolina?

Filing for divorce in South Carolina is a legal procedure that involves several steps, each carrying its importance:

  1. Starting with the "Complaint for Divorce": This is the primary document that formally requests the court to grant a divorce. Here, the plaintiff (the person filing for divorce) provides details like their name, their spouse's name, the date of marriage, and details of any children.
  2. Detailing Assets, Debts, and Grounds for Divorce: The "Complaint for Divorce" isn't just a formal request to end the marriage; it's a critical document where you mention your assets, shared debts, and provide reasons for seeking a divorce. This is especially vital in contested divorces, where disputes over property or child custody might arise.
  3. Serving the Complaint: After filing the complaint with the Family Court, the next step is to ensure that the defendant (the other spouse) receives a copy. This process is known as "serving" the complaint. In South Carolina, this is typically done through a sheriff's deputy or a private process server. Once served, the defendant has 30 days to respond.
  4. The Answer: The defendant, after being served, can either agree with the claims made or contest them. This response is known as the "Answer." If the defendant fails to respond within the specified time, the court may award a default judgment in favor of the plaintiff.

Because divorce can be a complex process, and mistakes can lead to unwanted outcomes, many individuals opt to hire a lawyer to navigate the legal terrain.

What are the residency requirements for a South Carolina divorce?

South Carolina has established residency requirements to ensure that its courts have appropriate jurisdiction over divorce proceedings:

  1. Established Residency: At least one spouse must have been a resident of South Carolina for a minimum of one year before filing for divorce. This is applicable when one spouse lives out-of-state.
  2. Both Spouses as Residents: If both spouses reside in South Carolina, the residency requirement shortens. In this case, they need to have lived in the state for just three months prior to filing.
  3. Filing in the Correct County: This is crucial. The divorce should be filed in the county where the couple last lived together, where the defendant currently resides, or if the defendant is non-resident, where the plaintiff resides.

What are the grounds for divorce in South Carolina?

Grounds for divorce provide the legal reasons or justifications for ending a marriage. South Carolina acknowledges both fault-based and no-fault grounds:

  1. No-Fault Ground: This is the most straightforward ground, indicating that the couple has lived separately and apart without cohabitation for one year due to irreconcilable differences. Neither party is directly blamed, and the marriage is seen as irretrievably broken.
  1. Fault-Based Grounds:
    • Adultery: Extramarital affairs can be grounds for divorce, but they must be proven, often through evidence or testimonies.
    • Physical Cruelty: If one spouse has caused physical harm or has posed a substantial threat of such harm to the other, it can be a ground for divorce.
    • Habitual Drunkenness or Drug Abuse: Repeated alcohol or drug misuse that affects the marital relationship can be grounds for divorce. This doesn't imply occasional consumption but a consistent pattern affecting marital life.
    • Desertion: If one spouse abandons the other without consent, for a continuous period of one year, it constitutes desertion, a valid ground for divorce in South Carolina.

Each of these grounds has specific requirements and nuances. For fault-based divorces, the plaintiff must present sufficient evidence to the court to prove the alleged fault.

How to get a quick divorce in South Carolina

In South Carolina, securing a speedy divorce isn't just about the legal prerequisites but also about both parties being on the same page:

  1. No-Fault vs. Fault-Based Grounds: South Carolina's legal system differentiates divorce grounds into two main categories: no-fault and fault-based. For a no-fault divorce, the state requires couples to live separately for a year without cohabitation. This is to ensure that couples genuinely cannot reconcile. On the other hand, fault-based divorces, which can be filed under grounds such as adultery, don't have a mandatory waiting or separation period.
  2. Agreement is Key: Even if you're filing under fault-based grounds, the speed of the divorce process often correlates with the level of agreement between the parties. If both parties swiftly concur on critical matters like property distribution, child custody, and alimony, the process can be expedited.

Does South Carolina require separation before divorce? 

In South Carolina, the separation requirement is intrinsically tied to the grounds for divorce:

  1. No-Fault Divorces: The state requires couples to demonstrate that they've lived apart for at least a year without any cohabitation. This separation serves as a tangible proof of the marriage's irreparable nature.
  2. Fault-Based Divorces: For couples seeking divorce on fault-based grounds (like adultery or physical cruelty), there isn't a statutory separation period. This means that once the grounds are proven, the divorce can proceed without the couple having to wait.

How much will a South Carolina divorce cost? 

While the basic filing fee for divorce might seem minimal, several other factors can augment the overall expense:

  1. Basic Filing Fee: The starting cost for filing for a divorce in South Carolina is typically around $150, but this can vary based on the county and any additional forms or services required.
  2. Attorney Fees: Engaging an attorney, while advisable for many due to the intricate nature of divorce proceedings, can escalate the cost. Fees vary widely based on the attorney's experience, location, and the complexity of the case.
  3. Mediation and Other Expenses: Should the couple opt for mediation or require services like financial advisors, property appraisers, or child custody evaluators, these will contribute to the overall cost. Additionally, if the divorce is contested and ends up in trial, the fees can escalate quickly.

How long does divorce take in South Carolina?

The timeframe for a divorce in South Carolina isn't strictly fixed and varies based on a few determinants:

  1. No-Fault Divorce Timeframe: While the one-year separation is a primary factor for no-fault divorces, once the paperwork is filed post this period, the actual court processing might take a few months, especially if there's a backlog of cases.
  2. Case Complexity: A straightforward case where both parties are in accord can conclude relatively swiftly. However, contested divorces, where disagreements on matters like property, custody, or alimony arise, can stretch the process out, sometimes taking several months or even years.
  3. Cooperation Level: The more amicable and cooperative both parties are, the smoother and faster the process generally is. Litigious battles or an unwillingness to compromise can elongate the process considerably.

How does child support work in South Carolina?

In South Carolina, child support is a crucial mechanism to ensure that both parents share the financial responsibility for their child's upbringing and well-being. Here's a deeper dive into the process:

  1. Guideline-Based System:
    • Foundation: South Carolina's child support system is rooted in established guidelines. These guidelines are designed to be fair, ensuring that children receive consistent support regardless of their parents' marital status.
    • Key Components: The main factors that influence the child support amount include:
      • Combined Parental Income: This encompasses both parents' gross incomes. It involves wages, salaries, bonuses, and other earnings.
      • Number of Children: Naturally, the more children a couple has, the higher the support amount, reflecting the increased costs of raising multiple kids.
      • Childcare Expenses: This involves costs related to daycare, after-school programs, and other forms of childcare that enable parents to work.
      • Health Insurance: Premiums paid for the child's health insurance can affect the support amount.
      • Special Needs or Expenses: If a child has specific medical needs or educational requirements, this can also influence the support figure.
  1. Modifications and Adjustments:
    • Substantial Change: Over time, circumstances can change. A parent might get a much better job, lose their source of income, or face unforeseen medical expenses. When there's a significant change in financial situations, it's essential to ensure the child support remains appropriate and fair.
    • Process: For modifications to be made, the parent seeking a change typically must petition the court. It's crucial to show evidence of the changed circumstances. Simply wanting to pay less or feeling the original amount is unfair isn't sufficient. Documented proof of income changes, job loss, or extraordinary expenses is usually required.
    • Frequency of Modifications: The court generally won't entertain frequent adjustments. Therefore, it's advisable to seek modifications only when there's a substantial and lasting change in circumstances.

The goal of South Carolina's child support system is clear: to provide children with the financial stability they need for a prosperous upbringing, irrespective of their parents' relationship status. As such, understanding and adhering to these guidelines is essential for both parents.

How is alimony decided in South Carolina?

Alimony, or spousal support, is intended to help a lower-earning spouse maintain a lifestyle close to what was experienced during the marriage:

  1. Factors Considered: The court will assess numerous elements when determining alimony. These include the marriage's duration, each party's financial condition, educational background, age, and physical health.
  2. Types of Alimony: South Carolina recognizes different kinds of alimony, such as permanent periodic alimony, rehabilitative alimony, and lump-sum alimony, each serving a distinct purpose.
  3. Modifications and Termination: Depending on the type of alimony awarded, it can be modifiable based on changed circumstances or may terminate upon specific events like the remarriage of the receiving spouse.

South Carolina divorce: frequently asked questions

What is the difference between a no-fault and a fault-based divorce in South Carolina?

A no-fault divorce is based on a one-year separation without cohabitation, while a fault-based divorce is based on specific grounds such as adultery or physical cruelty.

Do I need a lawyer to get divorced in South Carolina?

While you're not required to have a lawyer, hiring one is advisable due to the complexities of divorce proceedings, especially if assets, children, or alimony are involved.

What is the cost of getting a divorce in South Carolina?

Costs can vary widely based on the complexity of the case, attorney fees, court fees, and other related expenses. A simple uncontested divorce will generally be less expensive than a contested one.

Are online or DIY divorce services valid in South Carolina?

Yes, they can be valid, but it's essential to ensure that all documents are correctly filled out and filed. However, complicated cases involving assets, custody, or alimony are better handled with legal representation.

How does South Carolina handle joint debts in divorce?

Joint debts, like joint assets, are subject to equitable distribution. Both spouses might be responsible for paying off the debt, but the specific division depends on the circumstances and agreements made.

Can I date while separated in South Carolina?

It's advisable to be cautious about dating during the separation period, as it can be considered adultery if you're not officially divorced. Adultery can affect alimony and property division decisions.

How is child visitation determined in South Carolina?

Visitation schedules are typically determined based on the best interests of the child, taking into account factors like the child's age, parental roles, and any safety concerns.

What happens if we reconcile during the separation period?

If you reconcile and decide to halt the divorce proceedings, you'd need to notify the court. If you separate again later, the one-year separation clock may reset.

Are there any mandatory classes or counseling required for divorcing couples in South Carolina?

Some counties may require parenting classes for couples with children, but counseling is not generally mandated. It's essential to check local regulations or ask an attorney.

What is a legal separation vs. a divorce in South Carolina?

A legal separation, or "Order of Separate Maintenance and Support," allows couples to live apart and divide assets without ending the marriage. A divorce legally ends the marriage, allowing both parties to remarry.