Everything to Know About Divorce in South Carolina
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Legal separation and annulment
- E-filing
- Finalizing the divorce
- Legal help and divorce resources
Divorcing in South Carolina? This blog will teach you about important things like residency requirements, grounds, filing procedures, costs, property division, alimony, child custody, and support—with links to official resources.
Prerequisites
Residency requirements
To file for divorce in South Carolina:
- If both spouses reside in the state: Either spouse must have lived in South Carolina for at least three months before filing.
- If only one spouse resides in the state: The filing spouse must have lived in South Carolina for at least one year prior to filing.
Grounds
South Carolina recognizes both no-fault and fault-based grounds for divorce. No-fault divorce requires spouses to have lived separate and apart without cohabitation for one continuous year.
Fault-based divorce grounds include:
- Adultery
- Physical cruelty
- Habitual drunkenness or drug abuse
- Desertion for at least one year
Filing process for divorce in South Carolina
- Prepare the necessary forms: Complaint for Divorce, Summons for Divorce, Family Court Cover Sheet, and Certificate of Exemption.
- File the forms: Submit the completed forms to the family court in the appropriate county.
- Serve the other spouse: Legally deliver the divorce papers to the other spouse through personal service, certified mail, or publication if the spouse cannot be located.
- Await response: The served spouse has 30 days to respond to the complaint.
- Financial disclosures: Both parties may be required to submit financial declarations detailing income, expenses, assets, and liabilities.
- Attend hearings: Depending on whether the divorce is contested or uncontested, attend necessary court hearings.
Costs associated with divorce in South Carolina
- Filing fee: The standard filing fee for a divorce in South Carolina is $150. (South Carolina Courts)
- Additional costs: May include fees for serving papers, attorney fees, mediation, and court costs.
- Fee waivers: If unable to afford the filing fee, you may file a Motion and Affidavit to Proceed In Forma Pauperis to request a waiver.
Property, asset & debt division in South Carolina
South Carolina follows the principle of equitable distribution:
- Equitable distribution: Marital property is divided fairly, though not necessarily equally, based on factors such as the duration of the marriage, contributions of each spouse, and economic circumstances.
- Marital vs. separate property: Property acquired during the marriage is typically considered marital property, while assets owned before the marriage or received as gifts/inheritances are separate property.
Alimony (spousal support) in South Carolina
Alimony is awarded by request and determined on a case-by-case basis:
- Purpose: To provide financial support to a lower-earning spouse post-divorce.
- Factors considered: Duration of the marriage, standard of living, age, health, earning capacities, and contributions to the marriage.
- Permanent periodic alimony
- Rehabilitative alimony
- Reimbursement alimony
- Lump-sum alimony
- Separate maintenance and support
Child custody and support in South Carolina
Custody: Determined based on the best interests of the child, considering factors like parental fitness, the child's preferences, and each parent's ability to provide a stable environment.
Support: Calculated using the South Carolina Child Support Guidelines, which consider both parents' incomes, the number of children, and other expenses.
Legal separation and annulment in South Carolina
Legal separation
South Carolina does not formally recognize legal separation. However, couples can file for Separate Support and Maintenance, addressing issues like alimony and child custody without divorcing.
Annulment
Granted in rare and specific circumstances where the marriage is deemed legally invalid, such as cases involving fraud, bigamy, or incapacity.
Filing for divorce online
Use South Carolina's e-filing service here.
Finalizing the divorce
- Waiting period: In no-fault divorces, a one-year continuous separation is required before filing. For fault-based divorces, there is a 90-day waiting period after filing before the divorce can be finalized.
- Final hearing: After the waiting period and resolution of all issues, a final hearing is scheduled where the judge reviews the case and, if satisfactory, grants the divorce.
Resources for divorce in South Carolina
If you need help with your divorce, explore our plans or schedule a free intro call right now.
