Divorce in South Carolina: Laws, Process, and What You Need to Know (2026)

Introduction

South Carolina requires a one-year continuous separation for no-fault divorce, and the state retains several fault-based grounds. South Carolina does not recognize common law marriage for marriages formed after July 2019, though those formed before that date are still valid.

South Carolina is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how South Carolina handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in South Carolina, you must meet the state's residency requirements: 3 months if both parties reside in state; 12 months for petitioner if respondent is out of state. This means at least one spouse must have lived in South Carolina for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

South Carolina allows both no-fault and fault grounds for divorce. No-fault: living separate and apart for 1 year. Fault grounds include adultery, habitual drunkenness/drug use, physical cruelty, and desertion for 1 year. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

South Carolina follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in South Carolina:

Length of marriage
Age and health
Earning capacity
Education level
Marital and non-marital property
Standard of living
Marital misconduct or fault

In South Carolina, the types of alimony available include permanent periodic, lump-sum, rehabilitative, and reimbursement alimony. Adultery is a bar to alimony for the offending spouse.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

South Carolina uses the Income Shares model for calculating child support, with guidelines based on combined gross income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

South Carolina courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including South Carolina, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is required in South Carolina before a divorce case can proceed to trial.

Filing Fees and Costs

Filing fees for divorce in South Carolina typically range from $150-$200, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: None for fault-based; 1 year of separation for no-fault
Common law marriage: South Carolina recognizes common law marriage, which means unmarried couples who meet certain criteria may need to formally divorce.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About South Carolina Divorce

Is South Carolina a community property state?

No, South Carolina is an equitable distribution state, not a community property state. This means the court divides marital property fairly based on the circumstances of the case, but not necessarily in a 50/50 split. The judge considers factors such as the duration of the marriage, each spouse's contributions, marital misconduct, and the economic circumstances of each party.

How is property divided in a South Carolina divorce?

South Carolina courts divide marital property using equitable distribution, considering factors like the length of the marriage, each spouse's income and earning potential, contributions to the marriage (including homemaking and child care), marital misconduct, and the current value of marital and non-marital property. Separate property owned before the marriage or received as a gift or inheritance generally remains with the original owner unless it has been commingled.

How long does a divorce take in South Carolina?

The timeline depends on the type of divorce. For a no-fault divorce, South Carolina requires one full year of continuous separation before you can even file, so the process takes at least 12 to 15 months from the date of separation. A fault-based divorce can be filed without a separation period and may be resolved in three to six months if uncontested. Contested divorces with disputes over property, custody, or alimony can take one to two years or longer.

Can I get alimony in South Carolina?

Yes, South Carolina courts may award several types of alimony: permanent periodic, lump-sum, rehabilitative, and reimbursement alimony. The court considers factors including the length of the marriage, the age and health of both spouses, earning capacity, education, the standard of living during the marriage, and marital misconduct. Importantly, adultery is an absolute bar to receiving alimony in South Carolina.

What are the grounds for divorce in South Carolina?

South Carolina offers both no-fault and fault-based grounds. The no-fault ground requires living separate and apart for one continuous year without cohabitation. Fault-based grounds include adultery, habitual drunkenness or drug use, physical cruelty, and desertion for one year. Filing on fault grounds can eliminate the one-year separation requirement and may influence alimony and property division decisions.

What are the residency requirements for divorce in South Carolina?

If both spouses reside in South Carolina, at least one must have lived in the state for three months before filing. If only the filing spouse lives in South Carolina, that spouse must have been a resident for at least 12 months. You file in the county where either spouse resides.

How much does a divorce cost in South Carolina?

Filing fees in South Carolina typically range from $150 to $200. Total costs vary widely based on the complexity of the case. An uncontested divorce may cost $500 to $2,000 including basic attorney fees, while a contested divorce can range from $10,000 to $25,000 or more if it involves disputes over property division, custody, or alimony.

Does adultery affect divorce outcomes in South Carolina?

Yes, adultery has significant consequences in South Carolina divorce proceedings. A spouse who commits adultery is completely barred from receiving alimony under state law. Additionally, adultery can be used as a fault-based ground for divorce, which eliminates the one-year separation requirement. The court may also consider adultery when making property division and custody decisions.

Organize Your South Carolina Divorce

Divorce Navigator helps you gather financial documents, model settlement scenarios, and prepare for attorney consultations — designed for South Carolina's equitable distribution rules.

Get started for free ->