Can You Appeal a Divorce Decree in South Carolina?

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Yes. A spouse who believes the family court made a legal or factual error in a final divorce decree can appeal to the South Carolina Court of Appeals. The deadlines are short: a motion to alter or amend under SCRCP Rule 59(e) must be served within 20 days after receiving written notice of entry of the order, and a notice of appeal must be served within 30 days. Missing a deadline can end your right to appeal.

Appeal, Motion to Reconsider, or Modification?

People often use “appeal” to mean any way of changing a court order. In South Carolina family law there are three different tools:

• A Rule 59(e) motion asks the same family court judge to alter or amend the order, for example to correct a mistake, rule on an issue that was overlooked, or reconsider a finding.
• An appeal asks a higher court to review whether the family court got it wrong based on the record of what happened at trial.
• A modification asks the family court to change certain terms later because circumstances have changed since the order, such as child support, custody or modifiable alimony. See modifications and enforcement of prior court orders.

An appeal looks backward at the trial. A modification looks forward at new facts. Property division is generally not modifiable later, so an appeal or Rule 59(e) motion may be the only way to challenge it.

Step One: The Rule 59(e) Motion

Under SCRCP Rule 59(e), a motion to alter or amend must be served within 20 days after you receive written notice of entry of the order. This deadline was 10 days until a Supreme Court amendment that took effect on April 30, 2026, so older articles and guides may show the wrong number.

A Rule 59(e) motion serves two purposes:

1. Fixing problems without an appeal. The family court judge can correct errors, clarify ambiguous terms or address an issue the order left out.
2. Preserving issues for appeal. South Carolina appellate courts generally only review issues that were raised to and ruled on by the family court. If the order does not rule on an argument you made, a Rule 59(e) motion is often the way to get a ruling so the issue can be appealed.

A timely Rule 59(e) motion stays (pauses) the time to appeal for all parties. The 30-day appeal period then runs from receipt of written notice of the order granting or denying the motion.

Step Two: The Notice of Appeal

Under SCACR Rule 203(b), a notice of appeal in a domestic relations case must be served on the other parties within 30 days after receipt of written notice of entry of the order (or of the order deciding a timely Rule 59 motion). The notice must then be filed with the family court clerk and the Clerk of the Court of Appeals within 10 days after service, with proof of service, a copy of the order being appealed, and the filing fee set by Supreme Court order.

The other spouse may file a cross-appeal on parts of the ruling they disagree with. If you are thinking about appealing a mixed result, consider whether an appeal could reopen issues that went your way at trial.

What Happens After the Notice of Appeal

The general path of a family court appeal includes:

1. Ordering the transcript. The court reporter prepares a written transcript of the hearing. The appealing party generally arranges and pays for it.
2. Preparing the record. The relevant pleadings, orders, exhibits and transcript are compiled for the appellate court.
3. Briefs. The appellant files a brief explaining the errors claimed and the law. The respondent answers, and the appellant may reply.
4. Oral argument. The court may hear argument or decide the case on the briefs.
5. Decision. The Court of Appeals issues an opinion. It may affirm, reverse, modify, or send the case back (remand) to the family court.

After the Court of Appeals rules, a party may ask the South Carolina Supreme Court to review the decision by petition for a writ of certiorari. The Supreme Court decides whether to take the case.

Standard of Review: How the Appellate Court Looks at Your Case

In Lewis v. Lewis, 392 S.C. 381 (2011), the South Carolina Supreme Court confirmed that appellate courts review family court decisions de novo, meaning they can find facts based on their own view of the evidence. In practice, though, this has limits:

• The appellate court recognizes that the family court judge saw and heard the witnesses, and it generally defers to the judge’s findings about credibility.
• The appealing spouse still has to show that the family court’s findings were against the preponderance of the evidence.
• The appellate court reviews the record from the trial. New evidence generally cannot be added on appeal.

For example, a spouse who argues the judge valued a business wrongly will usually need to point to evidence already in the record showing a different value was better supported. Disagreeing with a judge’s view of who was more believable is usually harder to overturn.

What Can Be Appealed

Common appellate issues in divorce cases include the classification of property as marital or nonmarital, valuation, the percentage division, alimony type and amount, attorney fee awards, and custody decisions. Each issue is reviewed based on the record and the governing law, such as the factors in S.C. Code § 20-3-620 for property (see Title 20, Chapter 3).

Appellate decisions also shape the law for future cases. For an example of how one recent decision affects divorce cases, see what the Scherba decision means for your South Carolina divorce case.

Costs and Time

Appeals take time and money. Costs commonly include attorney fees for briefing and argument, the transcript, copying and filing fees. Appeals are not quick, and the timeline depends on the court’s docket and the complexity of the issues. No one can promise a particular result.

Filing an appeal does not necessarily pause the family court’s order. Unless a court orders otherwise, you should generally keep following the decree while the appeal is pending, including support payments. Ask your attorney whether a stay is possible. If your ex stops complying while an appeal is pending, see enforcing a divorce decree.

Questions to Ask Before Appealing

• Was the issue raised to and ruled on by the family court?
• Is the error about law, or about which witness the judge believed?
• Would a Rule 59(e) motion fix the problem faster?
• Could the other side cross-appeal issues that went your way?
• Do the likely costs make sense compared to what is at stake?

To understand how the order came about, review what happens at a final divorce hearing and what your divorce decree includes, or return to the South Carolina Divorce Guide.

Frequently Asked Questions

How long do I have to appeal a divorce decree in South Carolina?

A notice of appeal must be served within 30 days after receiving written notice of entry of the order. A timely Rule 59(e) motion pauses that deadline.

What is the deadline for a Rule 59(e) motion?

Since an amendment effective April 30, 2026, a motion to alter or amend must be served within 20 days after receiving written notice of entry of the order. It was 10 days before.

Which court hears divorce appeals in South Carolina?

The South Carolina Court of Appeals. A party may then ask the South Carolina Supreme Court to review the decision by petition for a writ of certiorari.

Can I present new evidence on appeal?

Generally no. The appellate court reviews the record made in the family court.

Do I have to follow the decree while my appeal is pending?

Generally yes, unless a court orders a stay. Ask your attorney before you stop complying with any part of the order.

Sources

• SCRCP Rule 59 (New Trials; Amendment of Judgments)
• S.C. Supreme Court Order 2026-04-30-01 (Rule Amendments, effective April 30, 2026)
• SCACR Rule 203 (Notice of Appeal)
• South Carolina Court of Appeals
• S.C. Code Title 20, Chapter 3 (Divorce)