Divorce in South Carolina: The Ultimate Guide
Table of Contents
Frequently Asked Questions
Can I get a divorce in South Carolina without a lawyer?
Technically, yes — you can represent yourself (known as proceeding pro se). However, divorce involves complex legal, financial, and emotional issues. Even in an uncontested divorce, a family law attorney can help ensure your rights are protected and that your agreement is fair and enforceable. We strongly recommend at least consulting with an attorney before proceeding on your own.
What is the fastest way to get a divorce in SC?
The fastest route is a fault-based uncontested divorce — if both parties agree on all issues and you have valid fault-based grounds, there is no mandatory one-year waiting period. An uncontested divorce on fault-based grounds can sometimes be finalized within a few months of filing.
Can I date during my divorce?
While there’s no law that prohibits dating during a separation, it can have significant legal consequences. If your divorce is based on no-fault grounds, romantic relationships during the separation period could give your spouse grounds to allege adultery, which may affect alimony and, in some cases, property division. We generally advise clients to exercise caution in this area.
Does it matter who files for divorce first in SC?
Filing first gives you some procedural advantages — such as choosing the county where the case is filed and presenting your case first at trial — but it does not give you a substantive legal advantage. The court evaluates both parties equally regardless of who initiated the proceedings.
How is retirement divided in a South Carolina divorce?
Retirement accounts earned during the marriage are typically considered marital property subject to equitable distribution. A Qualified Domestic Relations Order (QDRO) is often needed to divide employer-sponsored retirement plans. Military retirement has its own set of rules under the USFSPA.
What happens to the family home in a divorce?
The court may award the home to one spouse (often the primary custodial parent), order it sold with proceeds divided, or allow one spouse to buy out the other’s interest. The outcome depends on the overall property division and the specific circumstances of the case.
Can my spouse and I use the same lawyer?
No. In South Carolina, one attorney cannot represent both spouses in a divorce because doing so would create a conflict of interest. One spouse may hire an attorney and the other spouse may choose to proceed without counsel or hire separate representation. Even in an uncontested divorce, the attorney only represents one party.
What if my spouse won’t agree to a divorce?
In South Carolina, you do not need your spouse’s permission to get a divorce. If your spouse refuses to participate, the court can proceed with a default judgment after proper service has been made and the response deadline has passed.
Going through a divorce is one of the most challenging experiences anyone can face. Whether you’ve been considering this step for months or were caught off guard by your spouse’s decision, understanding the legal process is critical to protecting yourself, your children, and your future. At Warner Law in Columbia, South Carolina, we’ve helped countless families navigate every stage of divorce — and we created this comprehensive guide so you can face the road ahead with clarity and confidence.
This guide covers everything you need to know about divorce in South Carolina, from the legal grounds and residency requirements to property division, child custody, and what to expect from the timeline. Bookmark this page and return to it whenever you have questions.
Overview of SC Divorce Laws
South Carolina’s divorce laws are governed primarily by Title 20 of the South Carolina Code of Laws. Unlike some states, South Carolina is an equitable distribution state — meaning marital property is divided fairly, but not necessarily 50/50. The court considers a wide range of factors when dividing assets, awarding alimony, and determining custody arrangements.
South Carolina also recognizes both fault-based and no-fault grounds for divorce, which can significantly impact the outcome of your case. Understanding these distinctions early on helps you make better strategic decisions.
Key things to know about SC divorce laws:
- South Carolina does not recognize common-law marriages formed after July 24, 2019.
- There is a mandatory waiting period for no-fault divorces.
- The family courts have broad discretion in dividing property, awarding support, and making custody determinations.
- Adultery can bar a spouse from receiving alimony under SC Code § 20-3-130.
Residency Requirements for Divorce in South Carolina
Before you can file for divorce in South Carolina, you must meet the state’s residency requirements as outlined in SC Code § 20-3-30:
- If both spouses live in South Carolina: At least one spouse must have been a resident for a minimum of three months before filing.
- If only one spouse lives in South Carolina: The filing spouse must have been a resident for at least one year before filing.
Residency is established in the county where the filing spouse lives. At Warner Law, we serve clients throughout the Columbia, SC metropolitan area, including Richland County, Lexington County, and surrounding communities.
If you recently moved to South Carolina and are unsure whether you meet the residency threshold, we can help you determine your eligibility during a consultation.
Grounds for Divorce in SC
South Carolina recognizes five grounds for divorce under SC Code § 20-3-10:
No-Fault Ground
- Living separate and apart for one year — The spouses must have lived in separate residences continuously for at least 12 months without cohabitation. This is the most common ground for divorce in South Carolina and the only no-fault option.
Fault-Based Grounds
- Adultery — One spouse engaged in sexual relations outside the marriage. This must be proven by a preponderance of the evidence, typically through circumstantial evidence showing both opportunity and inclination.
- Physical cruelty — One spouse’s conduct poses an actual danger to the life or physical safety of the other.
- Habitual drunkenness or narcotics use — A pattern of substance abuse that impacts the marriage. This must be habitual, not merely occasional.
- Desertion — One spouse has left the marital home for one year or more without the other spouse’s consent and without justification.
Why Grounds Matter
The ground you choose can have a major impact on your case. For example, a spouse proven to have committed adultery may be barred from receiving alimony under South Carolina law. Fault grounds can also influence property division, though to a lesser extent. An experienced divorce lawyer in Columbia, SC can help you determine the strongest ground for your specific situation.
The Divorce Process: Step by Step
Filing for divorce in South Carolina involves several key stages. For a more detailed walkthrough, see our guide on how to file for divorce in South Carolina.
Step 1: Consult with a Divorce Attorney
Before taking any action, speak with a qualified family law attorney. At Warner Law, we offer consultations to help you understand your rights, your options, and what to expect.
Step 2: File a Complaint for Divorce
The divorce process begins when one spouse (the “plaintiff”) files a Summons and Complaint in the Family Court of the county where either spouse resides. The Complaint identifies the parties, the grounds for divorce, and what relief is requested (custody, property division, alimony, etc.).
Step 3: Serve Your Spouse
The Complaint and Summons must be formally served on the other spouse (the “defendant”) according to South Carolina’s rules of civil procedure. Service can be made by a sheriff, process server, or by acceptance of service.
Step 4: Response and Discovery
The defendant has 30 days to file an Answer and, if desired, a Counterclaim. Both parties then enter the discovery phase, where they exchange financial documents, answer interrogatories, and possibly give depositions.
Step 5: Negotiation and Mediation
Many divorce cases are resolved through negotiation or mediation rather than going to trial. Mediation is often required by the court and involves a neutral third-party mediator who helps both spouses reach an agreement on contested issues.
Step 6: Temporary Hearings
If there are urgent matters — such as who stays in the family home, temporary custody, or temporary support — either party can request a temporary hearing to get court orders in place while the divorce is pending.
Step 7: Final Hearing or Trial
If you and your spouse reach an agreement on all issues, the court will hold a brief final hearing (often called a “prove-up” hearing) to approve the settlement. If issues remain unresolved, the case proceeds to a trial where the judge makes the final decisions.
Step 8: Final Decree of Divorce
After the final hearing or trial, the judge issues a Final Order of Divorce, which legally ends the marriage and addresses all related matters.
Contested vs. Uncontested Divorce
One of the most important distinctions in South Carolina divorce law is between contested and uncontested divorce. This classification has a major impact on your timeline, cost, and stress level. We explore this topic in depth in our post on contested vs. uncontested divorce in SC.
Uncontested Divorce
An uncontested divorce means both spouses agree on all major issues:
- Division of property and debts
- Alimony
- Child custody and visitation
- Child support
Uncontested divorces are faster, less expensive, and less emotionally draining. In many cases, they can be finalized in as few as 90 days from the date of filing (for no-fault cases based on one year of separation).
Contested Divorce
A contested divorce occurs when the spouses cannot agree on one or more issues. These cases often require extensive negotiation, mediation, and potentially a trial. Contested divorces typically take six months to two years or longer, depending on the complexity of the issues involved.
Even in a contested divorce, most cases eventually settle before reaching trial. An experienced attorney can help you negotiate favorable terms while keeping costs manageable.
Property Division in South Carolina
South Carolina follows the principle of equitable distribution, meaning the court divides marital property in a manner it considers fair. The court will first classify property as either marital or non-marital.
Marital vs. Non-Marital Property
- Marital property: All real and personal property acquired during the marriage, regardless of whose name is on the title.
- Non-marital property: Property owned before the marriage, inherited property, and gifts received by one spouse from a third party. Non-marital property generally remains with the original owner.
Be aware that non-marital property can become commingled with marital property if it is mixed with marital funds or if both spouses contributed to its increase in value.
Factors the Court Considers
Under SC Code § 20-3-620, the court considers 15 factors when dividing marital property, including:
- Duration of the marriage
- Each spouse’s age, health, and earning capacity
- Each spouse’s contributions to the marriage (including homemaking and child-rearing)
- Current and projected income of each spouse
- Marital misconduct or fault
- Tax consequences of the proposed division
- Whether either party wasted or dissipated marital assets
For divorces involving complex financial situations, see our guides on high net worth divorce in SC, divorce and business ownership, and digital assets and cryptocurrency in divorce.
Alimony and Spousal Support
Alimony is not guaranteed in every South Carolina divorce — it is awarded at the court’s discretion based on the facts of each case. Under SC Code § 20-3-130, the court may award several types of alimony:
- Periodic alimony: Ongoing monthly payments, which terminate upon the recipient’s remarriage, the death of either party, or continued cohabitation with a romantic partner.
- Lump-sum alimony: A fixed total amount paid at once or in installments.
- Rehabilitative alimony: Temporary support to help a spouse become self-supporting through education or job training.
- Reimbursement alimony: Compensation for one spouse’s financial contributions to the other’s education or career advancement.
Factors Affecting Alimony
The court considers many factors, including:
- Duration of the marriage
- Each spouse’s earning capacity and education
- Standard of living established during the marriage
- Physical and emotional health of each party
- Marital misconduct (adultery can bar alimony entirely)
Adultery and Alimony
Under SC law, a spouse who commits adultery is generally barred from receiving alimony. This is one of the most significant consequences of a fault-based ground and can be a key strategic consideration when deciding how to proceed with your divorce.
Child Custody and Visitation
When children are involved, custody is often the most emotionally charged issue in a divorce. South Carolina courts prioritize the best interests of the child when making custody determinations.
For a comprehensive overview, visit our child custody resource page.
Types of Custody
- Legal custody: The right to make major decisions about the child’s education, healthcare, and religious upbringing.
- Physical custody: Where the child lives on a day-to-day basis.
Both legal and physical custody can be sole (one parent) or joint (shared between both parents).
Best Interest Factors
South Carolina courts weigh a range of factors, including:
- Each parent’s fitness and ability to care for the child
- The child’s developmental needs
- The child’s existing relationship with each parent
- Each parent’s willingness to foster a relationship between the child and the other parent
- The child’s adjustment to home, school, and community
- Any history of domestic violence or substance abuse
- The child’s preference (if the child is of sufficient age and maturity)
Child Support in SC
Both parents are financially responsible for supporting their children. South Carolina uses the Income Shares Model to calculate child support, which considers the combined income of both parents and allocates support obligations proportionally.
For more details, visit our child support information page.
Key factors in calculating child support include:
- Each parent’s gross income
- The cost of health insurance for the child
- Childcare expenses
- The number of overnights each parent has with the child
- Extraordinary expenses (medical needs, educational costs, etc.)
The South Carolina Department of Social Services provides child support guidelines and worksheets that the court uses as a baseline, though judges have discretion to deviate from the guidelines in appropriate circumstances.
Special Divorce Situations
Not every divorce follows a straightforward path. Some cases involve unique circumstances that require specialized legal knowledge.
Military Divorce
Columbia, SC is home to Fort Jackson, one of the largest military installations in the country. Military divorces involve additional federal laws — including the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) — that can affect property division, benefits, and the timing of proceedings. Learn more in our guide on military divorce in South Carolina.
High Net Worth Divorce
Divorces involving substantial assets — including real estate portfolios, investment accounts, retirement plans, and business interests — require careful financial analysis and often the involvement of forensic accountants or valuation experts. See our guide on high net worth divorce in SC.
Divorce and Business Ownership
If you or your spouse own a business, the court will need to determine whether the business (or a portion of it) is marital property and how to value it. This is a complex area of divorce law that we cover in detail in our post on divorce and business ownership in SC.
Digital Assets and Cryptocurrency
As digital assets become more common, they are increasingly at issue in divorce proceedings. Cryptocurrency, NFTs, and online businesses all require specialized handling. Read more in our guide on digital assets and cryptocurrency in South Carolina divorce.
How Long Does a Divorce Take in SC?
The timeline for a divorce in South Carolina depends on several factors. We break down the full timeline in our dedicated post: How long does a divorce take in South Carolina?
Here’s a general overview:
Divorce Type | Typical Timeline |
Uncontested (no-fault) | 3–4 months after filing (but requires 1 year of separation first) |
Uncontested (fault-based) | 2–4 months after filing |
Contested | 6 months – 2+ years |
Key Factors That Affect Timeline
- The ground for divorce: No-fault divorces require a full year of separation before filing; fault-based grounds have no such waiting period.
- Whether the divorce is contested: Disagreements over custody, property, or alimony extend the process significantly.
- Court scheduling: Family court dockets in Richland and Lexington Counties can be busy, which may add to your wait time.
- Complexity of assets: High net worth divorces and cases involving business valuations take longer.
- Cooperation between parties: The more willing both parties are to negotiate, the faster the process moves.
How Much Does a Divorce Cost in South Carolina?
The cost of divorce varies widely depending on the complexity of your case:
- Filing fees: Court filing fees in South Carolina typically run around $150, though they can vary by county.
- Attorney fees: Legal representation costs depend on whether your case is contested or uncontested and the issues involved.
- Mediation costs: If mediation is required or recommended, there will be fees for the mediator’s time.
- Expert fees: High net worth cases or cases involving business valuations may require forensic accountants, appraisers, or other experts.
While cost is an important consideration, it should not be the only factor in choosing an attorney. An experienced divorce lawyer can often save you money in the long run by helping you avoid costly mistakes, protecting your assets, and reaching a resolution more efficiently.
At Warner Law, we are transparent about our fees and work with our clients to manage costs effectively.
Protecting Yourself During Divorce
Divorce can affect every area of your life. Here are practical steps to protect yourself throughout the process:
Financial Protection
- Gather financial documents: Bank statements, tax returns, retirement account statements, mortgage documents, and credit card statements.
- Understand your household budget: Know your income, expenses, and debts.
- Open individual accounts: If you don’t already have a bank account and credit card in your name alone, consider opening them.
- Avoid large financial transactions: Do not liquidate assets, take on new debt, or make large purchases during the divorce process.
Protect Your Children
- Maintain stability: Keep your children’s routines as consistent as possible.
- Don’t use children as messengers: Communicate with your spouse directly or through your attorneys.
- Document parenting time: Keep a log of your involvement in your children’s daily lives.
Social Media and Digital Privacy
Your online activity can be used as evidence in your divorce case. We discuss this in detail in our post on how social media can impact your SC divorce case.
- Limit social media activity: Avoid posting about your divorce, new relationships, or major purchases.
- Update passwords and privacy settings: Secure your email, social media, and financial accounts.
- Think before you post: Anything you share online could end up in front of a judge.
When to Hire a Divorce Lawyer in Columbia, SC
While every divorce is unique, there are situations where having experienced legal representation is especially critical:
- Your spouse has already hired an attorney
- You have children and need a custody arrangement
- You own a home, business, or significant assets
- There is a significant income disparity between you and your spouse
- Your case involves allegations of adultery, abuse, or substance abuse
- You are a military family with federal benefits at stake
- Your spouse is hiding assets or being uncooperative
At Warner Law, attorney Carrie Warner and our family law team bring compassionate, strategic representation to families across Columbia, South Carolina and the surrounding areas, including Lexington, Irmo, Chapin, Blythewood, and beyond.
We understand that no two divorces are the same, and we take the time to understand your unique situation before developing a legal strategy tailored to your goals. Whether you’re considering divorce, preparing to file, or responding to a divorce action, Warner Law can help you understand your options and protect what matters most.
Ready to Take the Next Step?
If you’re considering divorce or have already been served with papers, don’t navigate this process alone. Contact Warner Law today to schedule a consultation. We’ll help you understand your rights, evaluate your options, and build a plan for moving forward with confidence.
📞 Call Warner Law or schedule a free consultation online to speak with a Columbia, SC divorce attorney who will fight for your best outcome.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.