Divorce in South Carolina (2026)

South Carolina’s Fault-Based Grounds for Divorce

South Carolina is one of a declining number of states that still requires either proof of fault or a full year of separation before a divorce can be granted. Unlike pure no-fault states such as Colorado or California, where one spouse can simply declare the marriage irretrievably broken, South Carolina demands more. Under S.C. Code Section 20-3-10, a spouse must either prove one of four fault-based grounds or demonstrate that the parties have lived separate and apart without cohabitation for a continuous period of one year.

The four fault grounds are:

• Adultery — One spouse has committed adultery. This is the most frequently alleged fault ground and carries severe financial consequences: under S.C. Code Section 20-3-130(A), a spouse who commits adultery is permanently barred from receiving alimony of any type.
• Desertion for one year — One spouse has willfully abandoned the other for a period of at least one year.
• Physical cruelty — One spouse has subjected the other to physical violence or treatment that endangers life, limb, or health.
• Habitual drunkenness or drug use — One spouse is habitually intoxicated by alcohol or habitually uses narcotic drugs.

The availability of fault grounds creates strategic options that do not exist in no-fault-only states. Proving adultery can eliminate an opposing spouse’s alimony claim entirely. Proving physical cruelty or habitual drunkenness can influence the court’s equitable distribution analysis. However, fault-based proceedings require evidence — corroboration of adultery claims, documentation of physical cruelty, or proof of habitual substance abuse — and they increase litigation costs and timeline. Many South Carolina attorneys advise clients to weigh the potential benefit of a fault-based filing against the one-year separation alternative, which avoids the need to prove misconduct.

Overview of Divorce in South Carolina

South Carolina offers both no-fault and fault-based grounds for divorce. The no-fault option requires one year of continuous separation, which is among the longer separation requirements in the country. However, fault-based grounds, including adultery and physical cruelty, allow a spouse to file without waiting through the separation period. South Carolina’s divorce laws are governed primarily by S.C. Code Section 20-3-10 and related statutes.

Whether you pursue a no-fault or fault-based divorce can affect the timeline, cost, and outcome of your case, particularly regarding alimony. For a foundational understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

South Carolina has a tiered residency requirement. If only one spouse resides in the state, the filing spouse must have been a resident for at least one year before filing. If both spouses are residents of South Carolina, the residency requirement is reduced to three months. The action is filed in the family court of the county where either spouse resides, or where the parties last lived together as a married couple.

Grounds for Divorce

South Carolina recognizes the following grounds for divorce under S.C. Code Section 20-3-10:

• No-fault: The parties have lived separate and apart without cohabitation for a continuous period of one year.
• Adultery: One spouse has committed adultery.
• Desertion: One spouse has deserted the other for a period of one year.
• Physical cruelty: One spouse has subjected the other to physical cruelty.
• Habitual drunkenness: One spouse is habitually intoxicated by alcohol or drugs. This ground also encompasses habitual use of narcotic drugs.

The choice of grounds can have practical consequences. Adultery, for example, is an absolute bar to receiving alimony under South Carolina law. Physical cruelty and desertion may also influence the court’s decisions about property division and support.

Filing Fees and Costs

The filing fee for a divorce in South Carolina is approximately $150. Additional costs may include service of process fees, fees for mandatory mediation (required in contested cases), and the cost of any guardian ad litem appointed to represent the interests of minor children. Attorney fees vary significantly depending on whether the case is contested. Use our divorce cost calculator to get a preliminary estimate.

Waiting Period

For no-fault divorces, the one-year separation period serves as the effective waiting period. The parties must live separate and apart for 12 continuous months before the divorce can be filed. Any period of cohabitation, even briefly, may reset the clock.

For fault-based divorces, there is no mandatory waiting period after filing. However, the court must still schedule hearings, and contested fault-based cases often require more time to litigate. South Carolina does require a 90-day cooling-off period in cases where the parties have minor children, meaning the court will not finalize the divorce until 90 days after filing.

Property Division

South Carolina follows the equitable distribution model under S.C. Code Section 20-3-620. The court identifies and values all marital property, then divides it in a manner that is fair, though not necessarily equal. Factors the court considers include:

• The duration of the marriage
• The marital misconduct or fault of either spouse (South Carolina is one of the states where fault can influence property division)
• The value of marital property and the contribution of each spouse to its acquisition
• The income and earning potential of each spouse
• The physical and emotional health of each party
• The need of the custodial parent to occupy the marital home
• Tax consequences of the proposed division
• Any other relevant factors the court deems necessary

Non-marital property, such as assets acquired before the marriage, gifts, and inheritances, is generally excluded from division unless it has been transmuted into marital property through commingling or other actions.

Alimony

South Carolina courts may award several types of alimony under S.C. Code Section 20-3-130:

• Periodic alimony: Ongoing payments that terminate upon the death of either party, remarriage of the recipient, or continued cohabitation of the recipient with a romantic partner for 90 or more consecutive days.
• Lump-sum alimony: A fixed, non-modifiable amount paid in one or more installments.
• Rehabilitative alimony: Support for a limited period to allow a spouse to become self-supporting through education or training.
• Reimbursement alimony: Compensation for financial contributions one spouse made to the other’s education or career advancement during the marriage.

The court considers factors such as the duration of the marriage, the standard of living established during the marriage, the earning capacity of each spouse, and marital misconduct. Notably, a spouse who commits adultery is barred from receiving alimony.

The Divorce Process

A South Carolina divorce typically progresses as follows:

1. Filing the complaint. One spouse files a Complaint for Divorce with the family court, stating the grounds and the relief sought.
2. Serving the other spouse. The respondent must be served with the complaint and summons. The respondent has 30 days to file an answer.
3. Temporary hearings. Either party may request temporary orders for custody, support, or use of property while the case is pending.
4. Discovery. Both parties exchange financial records, documents, and other information relevant to the case.
5. Mediation. In contested cases, the court typically requires the parties to attempt mediation before going to trial.
6. Trial or settlement. The parties either reach a settlement agreement or present their case at trial.
7. Final decree. The court issues the final order of divorce.

Uncontested no-fault divorces, where the one-year separation has already been completed and the parties agree on all terms, can be finalized in a matter of weeks after filing. Contested cases may take a year or longer.

When to Consult an Attorney

South Carolina’s fault-based grounds and the potential impact of marital misconduct on alimony and property division make legal representation particularly important. If your spouse has committed adultery, or if adultery has been alleged against you, the financial consequences can be substantial. Similarly, cases involving physical cruelty or disputes over custody benefit significantly from experienced legal counsel.

Even in uncontested divorces, an attorney can help ensure that the separation agreement is comprehensive and enforceable. To explore your options, schedule a free consultation with a family law professional.

Frequently Asked Questions

What are the residency requirements in South Carolina?

If only one spouse resides in the state, the filing spouse must have been a resident for at least one year. If both spouses are South Carolina residents, the requirement is reduced to three months.

Is South Carolina a community property or equitable distribution state?

South Carolina is an equitable distribution state under S.C. Code Section 20-3-620. The court divides marital property in a manner that is fair, though not necessarily equal, and considers fault as one of the factors in property division.

What is the separation requirement for no-fault divorce?

For no-fault divorce in South Carolina, the parties must live separate and apart without cohabitation for a continuous period of one year. Any period of cohabitation, even briefly, may reset the clock.

How does adultery affect alimony in South Carolina?

A spouse who commits adultery is generally barred from receiving alimony under South Carolina law. Other forms of misconduct such as physical cruelty and desertion may also influence the court’s alimony and property division decisions.

Can I file for divorce in South Carolina without waiting a full year?

Yes, but only by alleging a fault ground. If you can prove adultery, physical cruelty, habitual drunkenness or drug use, or desertion for one year, you may file a fault-based divorce under S.C. Code Section 20-3-10 without completing the one-year separation. However, fault-based divorces require evidence and are typically more contentious and expensive than no-fault proceedings.

What is the 90-day cooling-off period in South Carolina?

When the parties have minor children, South Carolina imposes a 90-day waiting period after the complaint is filed before the court can finalize the divorce. This applies to both fault-based and no-fault divorces. The purpose is to give the parties time to address parenting arrangements carefully. There is no comparable waiting period for couples without minor children in a fault-based divorce.

How This Guide Was Researched

This guide was developed by reviewing the South Carolina Code of Laws, Title 20, Chapter 3 (Divorce and Separation), with particular attention to S.C. Code Section 20-3-10 (grounds for divorce, including all four fault grounds and the one-year separation requirement), Section 20-3-60 (residency requirements with the tiered one-year/three-month structure), Section 20-3-130 (alimony types, factors, and the adultery bar), and Section 20-3-620 (equitable apportionment of marital property, including the 15 statutory factors). Filing procedures and fees were confirmed against the South Carolina Judicial Branch self-help resources and the official simple divorce packet instructions.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• S.C. Code § 20-3-10 (grounds for divorce: adultery, desertion, physical cruelty, habitual drunkenness, and one-year separation)
• S.C. Code § 20-3-60 (residency requirements: one year for single-resident filings, three months when both spouses reside in state)
• S.C. Code § 20-3-130 (alimony types: periodic, lump-sum, rehabilitative, reimbursement, and separate maintenance; adultery bar under subsection A)
• S.C. Code § 20-3-130(C) (13 factors for alimony determinations, including marital misconduct)
• S.C. Code § 20-3-620 (equitable apportionment of marital property and 15 statutory factors)

Official South Carolina Resources

• South Carolina Judicial Branch — Family Court
• South Carolina Courts — Self-Help Resources
• South Carolina Simple Divorce Packets

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

South Carolina Divorce and Family Law

• Divorce in South Carolina: Laws, Process, and Costs
• South Carolina Divorce: Grounds and Separation Requirements
• Child Custody in South Carolina: Laws and Factors
• South Carolina Child Custody Factors
• Child Support in South Carolina: Guidelines and Calculations

Other South Carolina Hub Pages

• Child custody in South Carolina
• Child support and alimony in South Carolina

National Guides

• Complete guide to divorce
• No-fault divorce
• How much divorce costs
• Community property vs. equitable distribution
• Divorce cost estimator