Divorce When There Is Domestic Violence in South Carolina

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

If you are in danger right now, call 911. For confidential support and safety planning at any hour, you can call the National Domestic Violence Hotline at 1-800-799-7233. South Carolina law gives people leaving an abusive marriage specific tools, including orders of protection, a fault ground for physical cruelty, and custody rules that require the court to weigh domestic violence.

Safety Comes Before Paperwork

The period around separation and filing can be an especially risky time. Before you file or tell your spouse you are leaving, consider a safety plan. A hotline advocate can help you think through it. Common steps include:

• Identify a safe place to go and a way to get there.
• Keep copies of IDs, birth certificates, Social Security cards, insurance cards, medications and key financial records somewhere your spouse cannot reach.
• Set aside some cash and a phone your spouse does not control.
• Check phones, cars and accounts for location sharing or tracking, and change passwords from a safe device.
• Tell someone you trust, and agree on a code word for emergencies.

If you need to leave the home, South Carolina law addresses that in custody decisions, as explained below. See also should I move out during a divorce.

Orders of Protection

South Carolina’s Protection from Domestic Abuse Act, S.C. Code § 20-4-10 and following, lets a household member ask the family court for an order of protection. You can file with or without a divorce case pending. Key points from the statute:

• Filing. The clerk may not charge a fee to file the petition, and the clerk must provide simplified forms for people filing without a lawyer.
• Emergency hearing. For good cause, such as a showing of immediate danger of bodily injury, the court may hold an emergency hearing within 24 hours after the respondent is served. Otherwise, a hearing must be held within 15 days of filing when requested.
• Relief. Under § 20-4-60, an order may include temporary custody and visitation, temporary support, temporary possession of the home, possession of personal property (including pets), and a ban on transferring or encumbering jointly held property.
• Length. Orders generally last for a fixed period of six months to one year and can be extended for good cause.

Our guide on restraining orders and orders of protection during a divorce covers the differences between these orders and other restraints.

Physical Cruelty as a Ground for Divorce

Physical cruelty is one of the five grounds for divorce in S.C. Code § 20-3-10. Using it means you do not have to wait for a year of separation before filing. The final decree still cannot be entered until at least three months after filing, and the ground must be proven, usually with corroboration from a witness or other evidence. Ask your attorney whether to also plead one-year separation as an alternative ground. See physical cruelty as a ground for divorce.

Evidence that may help includes:

• Photos of injuries or damaged property, with dates.
• Medical records and police incident reports.
• Texts, emails, voicemails and social media messages.
• Names of people who saw injuries or incidents.
• A journal written close to the time of each event.

Store copies outside the home, such as with a trusted person or in an account your spouse cannot access.

Domestic Violence and Custody

South Carolina custody decisions are based on the child’s best interest. Two parts of the law speak directly to domestic violence:

• S.C. Code § 63-15-40 requires the court, in deciding custody, to give weight to evidence of domestic violence, including physical or sexual abuse, and where appropriate to consider who was the primary aggressor. It also says that if a victim who is not the primary aggressor leaves the home, that fact alone is not a sufficient reason to deny that parent custody.
• S.C. Code § 63-15-240(B), the best interest factors, include whether a parent has committed domestic violence or child abuse and the effect on the child.

The court can also set conditions on visitation, such as supervision or safe exchange locations, when the facts call for it. If children are at immediate risk, see emergency custody orders. Statutes are available on the South Carolina Code, Title 63, Chapter 15 page.

Mediation When There Has Been Abuse

Mediation is required in most contested divorce cases in South Carolina. The court rules recognize exceptions, including some situations involving domestic violence. If you have been abused, tell your attorney before mediation is scheduled. Options may include asking to be excused from mediation, or mediating with the spouses in separate rooms so you never have to face your spouse directly. See is mediation required in a South Carolina divorce.

Keeping Your New Address Private

Court papers usually include addresses, and divorce filings can be seen by the other party. If you have moved somewhere your spouse does not know about, raise it with your attorney or the clerk before you file. Ask what can be listed in place of your home address and whether any information can be kept from the other party. A domestic violence advocate can also explain other privacy options. Do not assume an address will stay private unless you have confirmed it.

Money and Housing

Abuse often includes financial control. If your spouse controls the accounts, an order of protection or a temporary order in the divorce may address support, use of the home and joint property. Domestic violence advocates can also connect you with shelter and other resources.

When you are ready to look at the full process, start at the South Carolina Divorce Guide.

Frequently Asked Questions

Can I get a divorce right away if my spouse is abusive?

You can file on the ground of physical cruelty without waiting for a year of separation. The final decree cannot be entered until at least three months after filing, and the ground must be proven.

Does it cost money to file for an order of protection?

South Carolina law says the clerk may not charge a fee to file a petition for an order of protection, and the clerk must provide simplified forms.

Will leaving the house hurt my custody case?

Under S.C. Code § 63-15-40, if a domestic violence victim who is not the primary aggressor leaves the home, that alone is not a sufficient reason to deny custody.

Do I have to mediate with my abuser?

Mediation is required in most contested cases, but there are exceptions that include some domestic violence situations. Tell your attorney early so the right request can be made.

Who can I call for help?

In an emergency, call 911. The National Domestic Violence Hotline is available at 1-800-799-7233 for confidential support and safety planning.

Sources

• S.C. Code Title 20, Chapter 4 (Protection from Domestic Abuse Act)
• S.C. Code Title 20, Chapter 3 (grounds for divorce)
• S.C. Code Title 63, Chapter 15 (custody; § 63-15-40 and § 63-15-240)
• South Carolina Judicial Branch: ADR Rules