Temporary Hearings in South Carolina Family Court

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

A temporary hearing is a short family court hearing that sets the rules while a South Carolina divorce is pending: who the children live with, who pays which bills, whether temporary alimony or child support is paid, and who stays in the home. Under Family Court Rule 21, as amended for requests submitted on or after October 1, 2025, these hearings are decided mainly on written affidavits and financial declarations, with strict page limits and no live testimony unless the judge finds good cause. Preparation, not courtroom performance, is what matters most.

This guide explains what temporary orders can cover, the deadlines under the amended rule, and how to prepare. It is part of our South Carolina Divorce Guide.

What a Temporary Order Can Cover

A temporary order (sometimes called a pendente lite order, Latin for “while the litigation is pending”) stays in place until the court changes it or enters a final order. Common issues include:

• Custody and parenting time: where the children live and the visitation schedule
• Child support: calculated under the South Carolina Child Support Guidelines
• Temporary alimony and suit money: S.C. Code § 20-3-120 allows a spouse to request alimony and money toward litigation costs while the case is pending
• The marital home: who may live there, and who pays the mortgage, utilities and insurance
• Bills and debts: who pays car loans, credit cards and other obligations
• Restraining provisions: under S.C. Code § 20-3-110, the court can restrain either spouse from harming, interfering with or molesting the other while the case is pending, and orders often bar selling or hiding marital assets
• Attorney fees: a request that one spouse contribute toward the other’s fees
• Other practical matters: use of vehicles, health insurance, and in some cases appointment of a guardian ad litem for the children

For more on the alimony side, see temporary vs. permanent alimony. For the house, see who pays the mortgage during a divorce.

Why Temporary Orders Matter

A temporary order does not decide the final outcome, and the judge at the final hearing considers all the evidence. Even so, temporary arrangements can last for many months, and they often shape day-to-day life and the negotiating positions of both spouses. For example, a parent who is the children’s primary caregiver under a temporary order may have that track record considered later. Taking the hearing seriously is worth the effort.

How the Process Works Under Amended Rule 21

The Supreme Court of South Carolina amended Family Court Rule 21 for temporary hearing requests submitted on or after October 1, 2025. The main steps are:

1. Written motion. The spouse asking for relief files and serves a written motion stating specifically the issues raised and the relief sought.
2. Request for hearing. The moving spouse submits a request for hearing to the Clerk of Court, stating how much time is needed. The hearing is set no sooner than 21 days and no later than 45 days after the request is submitted.
3. Notice. The moving spouse serves the motion and notice of the hearing date at least 20 days before the hearing.
4. Return. The responding spouse serves and files a return, and any request for their own relief, no later than 10 days before the hearing.
5. Written evidence. All affidavits and supporting documents are generally served and filed no later than 5 days before the hearing. Reply affidavits responding to the other side’s evidence may be served and filed at the hearing.

For good cause, the judge may change these scheduling, notice and time requirements.

Evidence: Affidavits, Not Testimony

Under amended Rule 21, evidence at a temporary hearing is confined to affidavits, financial declarations and other documents required by statute, such as a parenting plan. The judge may also consider the pleadings, motion and return. Additional evidence or live testimony is allowed only for good cause, at the judge’s discretion. All evidence must comply with the South Carolina Rules of Evidence.

Page Limits

Proposed parenting plans, financial declarations and attorney fee affidavits do not count toward the affidavit limit. Exhibits attached to affidavits are limited to 30 pages total per party, separate from the affidavit limit. Voluminous records may need to be summarized.

Required Documents

• Financial declaration: under Family Court Rule 20, each party must file and serve a current financial declaration (Form SCCA 430) by the first hearing or within 45 days of service, whichever comes first. For most people, the temporary hearing is the first hearing. See our guide to the South Carolina financial declaration.
• Parenting plan: under S.C. Code § 63-15-220, at any temporary hearing where custody is contested, each parent must prepare and file a parenting plan covering parenting time and major decisions such as education, medical care, activities and religious training. Parents may file a joint plan. Our parenting plans page explains what to include.
• Attorney fee affidavit: if fees are requested, an affidavit supporting the amount.

How to Prepare

1. Decide what you are asking for. List each request specifically: the schedule, the support amount, who stays in the house.
2. Complete your financial declaration carefully. Gather pay stubs, tax returns and actual monthly bills. Errors here can undercut everything else.
3. Choose affiants wisely. Affidavits from people with first-hand knowledge (a teacher, a coach, a neighbor, a relative who sees the children regularly) tend to be more useful than general character statements. Hearsay problems can make parts of an affidavit inadmissible.
4. Be concise. With 10 or 20 pages, every paragraph should support a specific request. Facts and dates work better than opinions.
5. Pick exhibits carefully. Select the documents that matter most within the 30-page exhibit limit.
6. Watch the calendar. Count backward from the hearing date for the 10-day return and 5-day evidence deadlines.
7. Prepare for reply. Expect the other side’s affidavits and be ready to respond with short reply affidavits at the hearing if needed.

Emergencies: When You Cannot Wait

Some situations cannot wait three weeks or more. Under Rule 21(g), the family court may order ex parte temporary relief (relief granted before the other side is heard) to protect the health, safety or welfare of a child or to avoid irreparable harm, following the procedure for temporary restraining orders in SCRCP Rule 65. See our page on emergency custody orders. If you are in danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233, and ask about an order of protection.

Temporary Hearings and Mediation

Mediation is required in most contested South Carolina divorce cases, but temporary relief is one of the listed exceptions, so you generally do not need to mediate before a temporary hearing. Spouses can still reach a temporary agreement, which the court can approve as a consent order.

Frequently Asked Questions

Will I testify at a temporary hearing in South Carolina?

Usually not. Under Family Court Rule 21 as amended for requests on or after October 1, 2025, evidence is generally limited to affidavits, financial declarations and required documents. Live testimony needs good cause.

How long are affidavits allowed to be?

Ten pages per party for a 15-minute hearing and 20 pages for a 30-minute hearing. Parenting plans, financial declarations and fee affidavits do not count toward the limit.

How soon is a temporary hearing scheduled?

Under amended Rule 21, the hearing is set no sooner than 21 days and no later than 45 days after the request for hearing is submitted, unless the court changes the schedule for good cause.

Is a temporary order the final decision?

No. It stays in place while the case is pending. The final hearing decides the issues, though temporary arrangements can influence how the case develops.

Do I need a parenting plan for the temporary hearing?

Yes, if custody is contested. S.C. Code § 63-15-220 requires each parent to file a parenting plan at a contested temporary hearing.

Sources

• S.C. Family Court Rule 21 (Temporary Relief)
• S.C. Family Court Rule 20 (Financial Declaration)
• S.C. Code Title 20, Chapter 3 (Divorce)
• S.C. Code Title 63, Chapter 15 (Custody and Visitation, incl. UCCJEA)
• SCRCP Rule 65 (Injunctions)
• S.C. ADR Rule 3 (Mediation in Domestic Relations Cases)