South Carolina Family Laws
South Carolina recognizes both fault and no-fault divorce. The no-fault ground requires 1 year of continuous separation. Fault-based grounds include adultery, desertion, physical cruelty, and habitual drunkenness. South Carolina is an equitable distribution state with four types of alimony. Adultery can bar a spouse from receiving alimony. The state uses the best interests standard for custody and an income shares model for child support.
Last verified: 2026-02-25
Statute of Limitations
There is no statute of limitations for filing for divorce. South Carolina recognizes 5 grounds: adultery, desertion (1 year), physical cruelty, habitual drunkenness/drug use, and 1-year continuous separation (no-fault).
Filing Requirements
If both parties are SC residents: 3 months. If only one party is a SC resident: 1 year.
The filing fee for divorce in South Carolina Family Court is $150.
1 year of continuous separation is required for no-fault divorce. Fault-based grounds eliminate this requirement.
Key South Carolina Statutes
South Carolina divides marital property equitably (not necessarily 50/50). Courts consider 15 statutory factors including: duration of marriage, marital misconduct, income and earning potential, health and age, contributions (including homemaking), and tax consequences.
Periodic: permanent, ongoing (terminates on remarriage or 90+ day cohabitation). Lump-sum: fixed total, not modifiable or terminable on remarriage. Rehabilitative: temporary, for education/training. Reimbursement: compensates contributions to spouse's career/education. Adultery bars alimony.
Custody is based on the best interests of the child with no presumption favoring either parent. Factors include: wishes of parents, child's relationships, adjustment to home and school, domestic violence history, and substance abuse.
South Carolina uses the income shares model. The guidelines amount is presumptively correct; deviation requires showing it would be unjust or inappropriate.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.
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