South Carolina Divorce Laws: A Complete Guide
Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Table of Contents
South Carolina divorce law is set mainly by Title 20, Chapter 3 of the South Carolina Code. In short: you need one of five legal grounds, the filing spouse must meet a residency requirement, the case is filed in a specific county family court, and the court divides marital property by equitable apportionment rather than an automatic 50/50 split. This guide summarizes the rules and links to more than 100 detailed guides from Warner Law, including a filing guide for every South Carolina county.
South Carolina Divorce Laws at a Glance
| Issue | The rule in South Carolina |
|---|---|
| Grounds | Adultery, desertion for one year, physical cruelty, habitual drunkenness or drug use, or living separate and apart without cohabitation for one year (no-fault). S.C. Code § 20-3-10 |
| Residency | The filing spouse must have lived in South Carolina for one year (or, if the filing spouse lives elsewhere, the other spouse must have lived here for one year). If both spouses live in South Carolina when the case is filed, the filing spouse needs only three months. S.C. Code § 20-3-30 |
| Where to file | Generally the county where the defending spouse lives, or the county where you last lived together. S.C. Code § 20-3-60 |
| Waiting period | For adultery, physical cruelty or habitual drunkenness, no final decree until three months after filing. One-year separation and desertion cases can be heard once the defendant answers or is in default. S.C. Code § 20-3-80 |
| Property division | Equitable apportionment of marital property using 15 statutory factors. Nonmarital property (such as inheritances and premarital property) is generally not divided. S.C. Code §§ 20-3-620, -630 |
| Alimony | Six forms, including periodic, lump-sum, rehabilitative and reimbursement. A spouse who commits adultery before a signed settlement or permanent order is barred from alimony. S.C. Code § 20-3-130 |
| Custody | Decided on the child’s best interests, with 17 factors listed in S.C. Code § 63-15-240. |
| Child support | Set under the South Carolina Child Support Guidelines, based on both parents’ incomes. |
| Mediation | Required for contested issues in most divorce cases under the South Carolina ADR Rules. |
| Filing fee | Currently $150 to file the complaint, statewide. A fee waiver may be available. |
How to Use This Guide
The guides are grouped by where you are in the process. If you are just starting to think about divorce, begin with Before You File and the filing step-by-step guide. If your case is already underway, jump to the court process, money, or children sections. Every guide cites the South Carolina statutes or rules it relies on.
Before You File
Decisions you make before filing can shape your options later. Start here if you are thinking about divorce or preparing to separate.
- South Carolina Divorce Checklist: What to Do Before You File
- Financial Records You Will Need for a South Carolina Divorce
- How to Protect Your Finances Before a South Carolina Divorce
- Should I Move Out Before or During a Divorce in South Carolina?
- The One-Year Separation Rule in South Carolina
- Is South Carolina a 50/50 Divorce State?
- Can You Date During a Divorce in South Carolina?
- What Happens If You Reconcile During a South Carolina Divorce?
- Annulment in South Carolina: How It Differs From Divorce
- Do You Need a Divorce to End a Common-Law Marriage in South Carolina?
- How to Tell Your Children About a Divorce
- Residency requirements: who can file and where
- Legal separation in South Carolina
- The South Carolina divorce waiting period
- What affects the cost of a divorce
- Avoiding common divorce mistakes
Grounds and Fault
South Carolina allows divorce on five grounds. Four are fault grounds; one, a year of separation, is no-fault. Fault can also affect alimony and property division.
- Adultery and Divorce in South Carolina
- How Adultery Is Proven in a South Carolina Divorce
- Physical Cruelty as a Ground for Divorce in South Carolina
- Habitual Drunkenness and Drug Use as a Ground for Divorce in SC
- Desertion as a Ground for Divorce in South Carolina
- Defenses to a Fault-Based Divorce in South Carolina
- Do You Need a Corroborating Witness for a South Carolina Divorce?
- Grounds for divorce in South Carolina
- Fault vs. no-fault divorce
- Divorcing a spouse who is incapacitated
Filing and the Court Process
From the summons and complaint to the final hearing, here is how a divorce moves through South Carolina family court.
- How to File for Divorce in South Carolina: Step by Step
- The Summons and Complaint for Divorce in South Carolina
- How Divorce Papers Are Served in South Carolina
- Served With Divorce Papers in South Carolina? How to Respond
- What If Your Spouse Will Not Sign Divorce Papers in South Carolina?
- How to Divorce a Spouse You Cannot Find in South Carolina
- Divorce When Your Spouse Lives in Another State
- Divorcing a Spouse Who Lives Outside the United States
- Temporary Hearings in South Carolina Family Court
- The South Carolina Financial Declaration (Form SCCA 430)
- Discovery in a South Carolina Divorce
- Is Mediation Required in a South Carolina Divorce?
- Marital Settlement Agreements in South Carolina
- What Happens at a Final Divorce Hearing in South Carolina
- Your South Carolina Divorce Decree: What It Includes and What Comes Next
- Can You Appeal a Divorce Decree in South Carolina?
- Can You Get a Divorce Without a Lawyer in South Carolina?
- Restraining Orders and Orders of Protection During a South Carolina Divorce
- South Carolina divorce timeline
- Contested vs. uncontested divorce
- Divorce mediation
- Emergency custody orders
Money, Property and Support
South Carolina divides marital property by equitable apportionment, not automatically 50/50. These guides cover property, debt, retirement, alimony, insurance and taxes.
- Who Pays the Mortgage During a Divorce in South Carolina?
- Are Inheritances and Gifts Divided in a South Carolina Divorce?
- Wasting Marital Assets: Dissipation in a South Carolina Divorce
- Who Gets the Dog? Pets in a South Carolina Divorce
- Can the Court Order Your Spouse to Pay Your Attorney Fees in South Carolina?
- Social Security Benefits After Divorce
- Health Insurance After a South Carolina Divorce
- Taxes During and After a Divorce: What South Carolina Spouses Should Know
- Life Insurance Requirements in a South Carolina Divorce
- Dividing SCRS and PORS State Retirement in a South Carolina Divorce
- Dividing Federal Retirement (FERS, CSRS and TSP) in a Divorce
- Can Your Spouse Empty a Joint Bank Account During a Divorce?
- Removing a Spouse From the Mortgage and Deed After a South Carolina Divorce
- Equitable distribution of marital property
- Marital vs. separate property
- The family home
- Dividing debt
- Retirement accounts
- QDROs explained
- Hidden assets
- Business valuation
- Transmutation of property
- Trusts in divorce
- Alimony and spousal support
- Types of alimony
- The cohabitation rule
- Child support
- ERISA waivers in divorce
Children and Divorce
Custody and child support are decided on the child’s best interests. These pages cover the factors courts consider.
- Child custody and visitation
- Best-interest factors
- Joint vs. sole custody
- Parenting plans
- The guardian ad litem
- Relocation with a child
- How child support is calculated
Special Situations
Some divorces raise issues that call for extra planning, such as age, safety, immigration status, or a spouse who is far away.
- Divorce After 50 in South Carolina
- Divorce After a Short Marriage in South Carolina
- Divorce When There Is Domestic Violence in South Carolina
- Can You Get Divorced While Pregnant in South Carolina?
- Divorce and Immigration Status: What Spouses Should Know
- Divorcing a Spouse Who Is in Prison in South Carolina
- Divorce With a Special Needs Child in South Carolina
- Divorce for Physicians, Dentists and Other Professionals in South Carolina
- High-Conflict Divorce in South Carolina: Practical Steps
- Social Media and Your South Carolina Divorce
- Military divorce
- High-net-worth divorce
- Digital assets and crypto
- Same-sex divorce
- Bankruptcy and divorce
Hiring a Divorce Lawyer
If you are ready to talk with an attorney, these guides help you compare lawyers, prepare for a consultation and choose a process.
- How to Choose a Divorce Lawyer in South Carolina
- Questions to Ask a Divorce Lawyer at Your First Consultation
- How to Prepare for a Divorce Consultation
- Collaborative Divorce in South Carolina
- Divorce Mediation vs. Going to Court in South Carolina
- Warner Law divorce representation
- About Carrie Warner
After the Divorce
A final decree is not always the last step. These guides cover what to do afterward.
- Changing Your Name After a Divorce in South Carolina
- Remarrying After a South Carolina Divorce
- What to Do When Your Ex Ignores the Divorce Decree in South Carolina
- Modifying and enforcing court orders
- Modifying alimony
- Updating your estate plan after divorce
Filing for Divorce by County
Each South Carolina county has its own family court and Clerk of Court. Choose your county for filing details, venue rules and local information. Counties are grouped by judicial circuit.
1st Judicial Circuit
Calhoun County · Dorchester County · Orangeburg County
2nd Judicial Circuit
Aiken County · Bamberg County · Barnwell County
3rd Judicial Circuit
Clarendon County · Lee County · Sumter County · Williamsburg County
4th Judicial Circuit
Chesterfield County · Darlington County · Dillon County · Marlboro County
5th Judicial Circuit
Kershaw County · Richland County
6th Judicial Circuit
Chester County · Fairfield County · Lancaster County
7th Judicial Circuit
Cherokee County · Spartanburg County
8th Judicial Circuit
Abbeville County · Greenwood County · Laurens County · Newberry County
9th Judicial Circuit
Berkeley County · Charleston County
10th Judicial Circuit
Anderson County · Oconee County
11th Judicial Circuit
Edgefield County · Lexington County · McCormick County · Saluda County
12th Judicial Circuit
Florence County · Marion County
13th Judicial Circuit
Greenville County · Pickens County
14th Judicial Circuit
Allendale County · Beaufort County · Colleton County · Hampton County · Jasper County
15th Judicial Circuit
Georgetown County · Horry County
16th Judicial Circuit
Frequently Asked Questions
Is South Carolina a no-fault divorce state?
South Carolina offers one no-fault ground: living separate and apart without cohabitation for one year. The other four grounds (adultery, desertion, physical cruelty and habitual drunkenness) are fault grounds.
How long does a divorce take in South Carolina?
A no-fault divorce requires a year of separation first. After filing, an uncontested case can move quickly, while contested cases with property, alimony or custody disputes often take longer because of discovery, mediation and court scheduling.
Is South Carolina a 50/50 divorce state?
No. South Carolina uses equitable apportionment. Courts weigh 15 statutory factors, and an equal split is not automatic.
Do I have to be legally separated before I can divorce?
No. South Carolina does not require a court order of separation before divorce. For the no-fault ground, you must live separate and apart for one year.
How much does it cost to file for divorce in South Carolina?
The filing fee for the complaint is currently $150 statewide. Attorney fees and other costs depend on how contested the case is.
Can I get divorced without going to court?
South Carolina requires a final hearing before a family court judge, even in uncontested cases, although agreed cases are usually short.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce)
- S.C. Code Title 63, Chapter 15 (Custody)
- South Carolina Court Rules (Family Court Rules, ADR Rules)
Talk to Warner Law about your situation. If you are considering divorce or have been served with papers, we can explain your options under South Carolina law. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This guide is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
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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.