How to File for Divorce in South Carolina 2026: Complete Guide

South Carolina has one of the longest separation requirements for no-fault divorce (1 year) and allows fault to affect property division and alimony. South Carolina offers both fault-based and no-fault divorce, with strict rules regarding adultery's impact on financial awards. This comprehensive guide covers everything from residency requirements to grounds, property division, alimony, custody, and the complete divorce process in South Carolina.

South Carolina Residency Requirements

Before filing for divorce in South Carolina, you must meet residency requirements (S.C. Code § 20-3-30):

Option 1: One Spouse Resident for 1 Year

• At least one spouse must have been a South Carolina resident for at least 1 year immediately before filing
• File in county where either spouse resides
• Most common scenario

Option 2: Both Spouses Resident for 3 Months

• Both spouses must have been South Carolina residents for at least 3 months immediately before filing
• File in county where either spouse resides
• Shorter residency period but requires both parties to be residents

Proof of Residency

You may need to provide:

• South Carolina driver's license or ID card
• Voter registration
• Utility bills or lease agreements
• Employment records
• Testimony under oath regarding residency

Grounds for Divorce in South Carolina

South Carolina requires specific grounds for divorce (S.C. Code § 20-3-10).

No-Fault Ground

One-Year Continuous Separation (Most Common)

• Parties have lived continuously and separate and apart for a period of one year
• No cohabitation (living together as married couple) during the year
• No sexual relations during separation period (may restart 1-year clock)
• Can live in same house if physically separated (separate bedrooms, no marital relations) - though not recommended
• Longest separation requirement in the U.S. (tied with a few other states)

Fault Grounds

1. Adultery

• Spouse engaged in sexual intercourse with another person
• Must prove with clear and convincing evidence
• Can file for divorce immediately (no waiting period)
• Bars adulterous spouse from receiving alimony
• Can affect property division (court may award less property to adulterous spouse)

2. Desertion for One Year

• Continuous desertion for at least one year
• Willful and deliberate abandonment
• Without consent of other spouse
• Without justification

3. Physical Cruelty

• Physical abuse or reasonable apprehension of physical harm
• Endangers life, limb, or health
• Makes cohabitation unsafe or improper
• Can file immediately upon occurrence

4. Habitual Drunkenness or Drug Abuse

• Habitual drunkenness caused by use of alcohol or narcotic drugs
• Pattern of substance abuse affecting marriage
• Must show habitual nature (not isolated incidents)

Step-by-Step Filing Process

Step 1: Prepare Required Documents

Core documents needed:

• Summons (notifies defendant of lawsuit)
• Complaint for Divorce (states grounds and requests relief)
• Family Court Cover Sheet
• Financial Declaration (if seeking alimony or property division)
• Affidavit of Non-Military Service (if spouse doesn't respond)

South Carolina Courts provide some forms at SC Court Forms

Step 2: File with Family Court

File your summons and complaint with the Family Court in the county where you or your spouse resides.

Filing Fee: Approximately $150 (varies by county)

• Fee waivers available for indigent parties (file Affidavit of Indigency)
• Court assigns case number
• Receive file-stamped copies for service

Step 3: Serve Your Spouse

South Carolina requires proper service:

• Personal service by sheriff: Sheriff serves papers personally
• Certified mail, return receipt requested: If spouse signs acknowledgment
• Acceptance of service: Spouse voluntarily signs acceptance (simplest)
• Publication: If spouse cannot be located after diligent search (requires court approval)

Your spouse has 30 days to file an Answer after being served.

File Return of Service: Proof of service must be filed with court.

Step 4: Spouse Files Answer (or Default)

• If spouse files Answer, case proceeds (contested or uncontested depending on disputes)
• Spouse may file Counterclaim raising own grounds or requests
• If spouse doesn't respond within 30 days, you can request default judgment

Step 5: Financial Disclosure

Both parties must exchange complete financial information:

• Financial Declaration (sworn statement of income, assets, debts, expenses)
• Tax returns (typically 3 years)
• Pay stubs and W-2s
• Bank statements, investment account statements
• Retirement account statements
• Real estate appraisals
• Business valuations (if applicable)

Discovery may include interrogatories, requests for production of documents, and depositions.

Step 6: Alternative Dispute Resolution (ADR)

Many South Carolina counties require ADR before trial:

• Mediation: Neutral mediator helps parties negotiate settlement
• Arbitration: Less common in divorce cases
• Some counties provide court-connected mediation programs
• Goal: settle property division, custody, support without trial

Step 7: Temporary Hearings (If Needed)

If immediate relief needed while divorce pending:

• Temporary custody and visitation
• Temporary child support
• Temporary alimony (pendente lite)
• Exclusive use of marital home
• Restraining orders regarding property or conduct

Step 8: Final Hearing or Settlement

Uncontested Divorce (Settlement):

• Parties reach full agreement on all issues
• Prepare Settlement Agreement and Consent Order
• Submit to court for approval
• Brief hearing (often testimony by one party only)
• Hearing may be waived in some counties with written submissions

Contested Divorce (Trial):

• If no settlement, proceed to final hearing (trial)
• Both parties present evidence, witnesses, testimony
• Judge makes findings on property division, custody, support, alimony
• Trial can last hours to days

Step 9: Final Decree of Divorce

Judge issues Final Order or Decree of Divorce including:

• Finding that grounds for divorce established
• Dissolution of marriage effective immediately
• Division of marital property and debts
• Custody and visitation orders
• Child support order
• Alimony determination

Either party can appeal within 30 days of final order.

Equitable Distribution of Property

South Carolina is an equitable distribution state (S.C. Code § 20-3-620).

Marital vs. Non-Marital Property

Marital Property (Subject to Division):

• All property acquired by either spouse during the marriage regardless of title
• Income earned during marriage
• Retirement benefits accrued during marriage
• Increase in value of non-marital property due to active marital efforts
• Property acquired in exchange for marital property

Non-Marital Property (Not Divided):

• Property acquired before marriage
• Property acquired by gift or inheritance to one spouse (even during marriage)
• Property excluded by written agreement (prenuptial/postnuptial)
• Property acquired after filing complaint for divorce or formal written property settlement

Equitable Distribution Factors (§ 20-3-620)

South Carolina courts divide marital property equitably based on these statutory factors:

• Duration of the marriage
• Ages of the parties
• Marital misconduct or fault (including adultery) - South Carolina is unusual in allowing fault to affect property division
• Value of marital property
• Contribution of each spouse to acquisition, preservation, depreciation, or appreciation of marital property (including homemaker contributions)
• Income of each spouse, earning potential, and opportunity for future acquisition of capital assets
• Health (physical and emotional) of each party
• Need of each spouse for additional training or education
• Non-marital property of each spouse
• Existence and extent of any prior support obligations
• Tax consequences of property division
• Existence and extent of any vested retirement benefits
• Liens and encumbrances on marital property
• Child custody arrangements
• Any other relevant factor

Special Equity

South Carolina recognizes "special equity" - a spouse's contribution to non-marital property of the other spouse:

• If one spouse contributes to maintenance, improvement, or debt reduction of other spouse's non-marital property
• Contributing spouse may receive portion of non-marital property or reimbursement
• Example: Spouse uses marital funds to pay mortgage on other spouse's pre-marital home

Alimony (Spousal Support)

South Carolina allows courts to award alimony (S.C. Code § 20-3-130).

Types of Alimony

1. Permanent Periodic Alimony

• Regular payments for indefinite duration
• Typically for long marriages where recipient cannot become self-supporting
• Terminates upon death of either party, remarriage of recipient, or continued cohabitation of recipient
• Can be modified upon substantial change in circumstances

2. Rehabilitative Alimony

• Limited duration while recipient obtains education, training, or work experience
• Goal: recipient becomes self-sufficient
• Specific timeframe set by court
• Can be modified or extended if recipient diligently pursues rehabilitation

3. Lump Sum Alimony

• Single payment or series of payments over fixed period
• Fixed amount - cannot be modified
• Does not terminate upon remarriage or death
• Often used for property equalization

4. Reimbursement Alimony

• Compensates spouse who supported other spouse through education or training
• Example: One spouse worked while other attended medical school
• Typically fixed amount, not modifiable

Alimony Factors (§ 20-3-130)

Courts consider these factors when determining alimony:

• Duration of the marriage
• Physical and emotional condition of each spouse
• Educational background and need for additional training/education
• Employment history and earning potential
• Standard of living during marriage
• Current and reasonably anticipated income (including investment income)
• Current and reasonably anticipated expenses and needs
• Marital and non-marital properties
• Custody of children
• Marital misconduct or fault of either or both parties
• Tax consequences
• Prior support obligations
• Any other relevant factor

Adultery Bars Alimony

Critical Rule: A spouse who commits adultery is barred from receiving alimony (S.C. Code § 20-3-130(A)).

• Adultery completely bars alimony to that spouse
• Exception: If innocent spouse condoned (forgave) the adultery
• Makes proving adultery strategically important

Modification and Termination

Permanent periodic and rehabilitative alimony terminate upon:

• Death of either party
• Remarriage of recipient
• Continued cohabitation of recipient in a romantic relationship (90+ days in 1-year period)

Can be modified upon showing of substantial change in circumstances.

Lump sum and reimbursement alimony cannot be modified and do not terminate on remarriage.

Child Custody and Visitation

South Carolina law focuses on the best interests of the child (S.C. Code § 63-15-240).

Types of Custody

Legal Custody: Authority to make major decisions about child's welfare

• Sole legal custody: One parent has decision-making authority
• Joint legal custody: Both parents share major decisions (education, healthcare, religion)

Physical Custody: Where child lives

• Primary custody: Child lives primarily with one parent
• Shared custody: Child spends substantial time with both parents

Best Interest Factors

Courts determine custody based on child's best interests considering:

• Temperament and developmental needs of child
• Capacity and disposition of parents to understand and meet child's needs
• Preference of child (if of sufficient age and maturity)
• Past and current interaction and relationship with parents, siblings, and others
• Actions by either parent to encourage or deny relationship with other parent
• Manipulation by or coercive behavior of parents in custody proceedings
• Willingness and ability to facilitate visitation
• Mental and physical health of all individuals
• Each parent's employment schedule
• Physical environment of proposed custodial homes
• Stability of each parent's home environment
• Potential impact on child of actions of others in each household
• Religious faith and practice of each parent (only if affecting child's welfare)
• Domestic violence, criminal activity, substance abuse

Parenting Plan Required

South Carolina requires detailed parenting plan including:

• Specific schedule for physical custody
• Holiday and vacation schedule
• Decision-making allocation
• Transportation and exchange procedures
• Communication methods between parent and child

Child Support

South Carolina uses child support guidelines based on income shares model (S.C. Code § 63-17-470).

Calculation Factors

• Combined gross income of both parents
• Number of children
• Custody arrangement (number of overnights)
• Work-related childcare costs
• Health insurance premiums for children
• Extraordinary medical expenses

South Carolina Child Support Calculator

State provides worksheet at SC Department of Social Services

Duration

Child support continues until:

• Child reaches age 18 and graduates high school (or age 19 if still in high school)
• Child becomes emancipated (marriage, military service, self-supporting)
• Child dies

Modification

Child support can be modified upon showing:

• Substantial change in circumstances
• At least 3 years since last order and change of at least 25% in support amount

Costs and Fees

Expected Timeline

• No-fault (1-year separation): Minimum 1 year separation + 1-3 months processing = 13-15 months total
• Fault-based uncontested: 3-6 months (no separation requirement but must prove fault)
• Contested (settled): 12-18 months
• Contested (trial): 18-30+ months

Frequently Asked Questions

How long do you have to be separated before divorce in South Carolina?

South Carolina requires 1 year of continuous separation for a no-fault divorce. This is one of the longest separation requirements in the United States. The separation must be continuous and uninterrupted. You can file for divorce immediately on fault grounds like adultery, physical cruelty, or habitual drunkenness without waiting.

Is South Carolina a no-fault divorce state?

South Carolina offers both fault and no-fault divorce. The only no-fault ground is 1 year of continuous separation. Fault grounds include adultery, physical cruelty, habitual drunkenness/drug abuse, and desertion for 1 year. Fault can affect property division and alimony in South Carolina.

How long does a divorce take in South Carolina?

No-fault divorces based on 1-year separation take minimum 1 year plus processing time (typically 13-15 months total). Fault-based divorces can be faster (3-6 months if uncontested) but require proof of fault. Contested divorces with trial can take 18-30+ months.

Is South Carolina a 50/50 divorce state?

No. South Carolina is an equitable distribution state. Marital property is divided fairly and equitably based on statutory factors, not necessarily 50/50. Importantly, South Carolina allows fault (especially adultery) to affect property division, which is unusual among states.

Does adultery affect divorce in South Carolina?

Yes, significantly. Adultery is a fault ground for immediate divorce. Adultery can affect property division (court may award less property to adulterous spouse) and completely bars the adulterous spouse from receiving alimony. This makes proving or defending against adultery allegations strategically important in South Carolina.

Can you get alimony in South Carolina?

Yes, but South Carolina has strict alimony rules. There are four types: permanent periodic, rehabilitative, lump sum, and reimbursement alimony. However, adultery by the requesting spouse completely bars alimony. Alimony generally terminates upon remarriage or continued cohabitation of recipient.

What is the residency requirement for divorce in South Carolina?

At least one spouse must have been a South Carolina resident for at least 1 year before filing, OR both spouses must be South Carolina residents for at least 3 months before filing. You must file in the county where either spouse resides.