Collaborative Divorce in South Carolina

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

Collaborative divorce is a way of settling a divorce out of court, where both spouses and their lawyers sign an agreement to work toward a settlement without going to trial. South Carolina has not adopted a collaborative law statute, so the process here is based on the written agreement the parties sign, the lawyers’ professional obligations, and the usual family court rules. This guide explains how it works, how it compares with mediation and litigation, and who it may fit.

What Is Collaborative Divorce?

In a collaborative divorce, each spouse hires a lawyer trained in collaborative practice. Everyone signs a participation agreement. The core commitments usually include:

• Settlement focus. The spouses and lawyers agree to work toward a negotiated agreement instead of asking a judge to decide contested issues.
• Disqualification clause. If the process breaks down and either spouse goes to court on a contested basis, both collaborative lawyers withdraw. Each spouse must hire a new lawyer for litigation.
• Full disclosure. Both spouses agree to share relevant financial information voluntarily, without formal discovery.
• Joint meetings. Most negotiation happens in meetings with both spouses and both lawyers present.
• Use of neutrals. The team may include a neutral financial professional, a mental health professional who serves as a communication coach, or a child development professional.

The disqualification clause is the feature that sets collaborative practice apart. Because both lawyers lose the case if it goes to court, everyone has a strong reason to keep working toward settlement.

South Carolina Has No Collaborative Law Statute

Several states have adopted the Uniform Collaborative Law Act or a similar statute. South Carolina has not adopted a collaborative law statute. That has a few practical effects:

• The terms of the process come from the participation agreement, so read it carefully.
• Questions about confidentiality of collaborative communications, and how they would be treated if the case later went to court, depend on the agreement and general rules of evidence rather than a specific statute. Ask your lawyer how these are handled.
• The family court still has to grant the divorce and approve any agreement. A collaborative process does not replace the legal requirements for a divorce.

The Divorce Still Needs a Ground and Court Approval

Even when every issue is settled collaboratively, a South Carolina divorce requires one of the five grounds in S.C. Code § 20-3-10. Many collaborative cases use the no-fault ground of living separate and apart for one year. Spouses can often reach their agreement before the year ends, then present it to the family court for approval. The court reviews the agreement and, if it approves, incorporates it into an order.

Agreements about children are reviewed with the child’s best interest in mind. Child support is generally set under the state Child Support Guidelines, and the court will want to understand any deviation. Learn more about marital settlement agreements in South Carolina.

Collaborative Divorce vs. Mediation vs. Litigation

Mediation is required in most contested South Carolina divorce cases under the court’s ADR rules. If you choose collaborative divorce, ask your lawyer how the mediation requirement applies to your case. For a detailed comparison of mediation and court, see our guide to divorce mediation vs. going to court and our page on contested vs. uncontested divorce.

How the Process Usually Works

1. Each spouse hires a collaboratively trained lawyer. The lawyers explain the process and confirm both spouses want to proceed.
2. Everyone signs the participation agreement. This sets the ground rules, including disclosure and the disqualification clause.
3. The team is built. Depending on the case, this may include a neutral financial professional, a communication coach or a child development professional.
4. Information is gathered. Both spouses share financial records, often organized by the financial neutral.
5. Joint meetings. The spouses identify goals and interests, review options and negotiate.
6. The agreement is written. The lawyers draft a settlement agreement and, if children are involved, a parenting plan.
7. Court approval. The agreement is presented to the family court, which can approve it and grant the divorce once a ground is proven.

Who Collaborative Divorce May Fit

Collaborative divorce may work well when:

• Both spouses want to settle and are willing to negotiate in good faith.
• Both are willing to share financial information honestly.
• The spouses will co-parent for years and want to protect that relationship.
• Privacy is important, for example because of a business or public role.
• There are complex finances that benefit from a neutral financial professional.

It may not fit when:

• There is domestic violence, threats or serious intimidation.
• One spouse is hiding assets or will not disclose finances.
• One spouse wants to delay or use the process to gain leverage.
• Substance abuse or mental health problems prevent meaningful participation.
• Either spouse needs an urgent court order, such as for safety or temporary support.

If there are safety concerns, read our guide on divorce when there is domestic violence and talk with an attorney before choosing a process.

Weighing the Trade-Offs

Collaborative divorce can reduce conflict and give spouses more control over the outcome. It is not right for every family. The main risk is cost and delay if the process fails, since both spouses must start over with new lawyers. Cost depends on the number of meetings, the professionals involved and how complex the issues are. There is no reliable way to predict cost in advance, so ask any lawyer you consult how they bill for collaborative work and what happens to fees if the process ends.

Before you sign a participation agreement, ask:

• What happens to my information if the process ends?
• Which professionals do you expect we will need?
• How will temporary issues, such as who pays bills, be handled during the process?
• How does the mediation requirement apply?
• Can either of us end the process at any time?

To see how collaborative divorce fits into the full process, visit the South Carolina Divorce Guide.

Frequently Asked Questions

Does South Carolina have a collaborative divorce law?

No. South Carolina has not adopted a collaborative law statute. The process is based on the participation agreement the spouses and lawyers sign, along with the usual family court rules.

What happens if collaborative divorce fails?

Under the typical disqualification clause, both collaborative lawyers withdraw, and each spouse hires a new lawyer to handle the case in court.

Is collaborative divorce the same as mediation?

No. In mediation, a neutral mediator helps the spouses negotiate. In collaborative divorce, each spouse has a lawyer committed to settlement, and the lawyers withdraw if the case goes to court.

Do we still go to court in a collaborative divorce?

Yes, briefly. The family court must grant the divorce on a legal ground and approve the agreement, but contested issues are not tried.

Is collaborative divorce right if there was abuse?

Often it is not a good fit when there is violence or intimidation. Talk with an attorney about safety and which process makes sense.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• South Carolina Judicial Branch (ADR Rules, Family Court Rules)
• South Carolina Bar