South Carolina Divorce: Grounds and Separation Requirements

South Carolina requires spouses who file for a no-fault divorce to live continuously and separately for one full year before the court will grant the divorce. This is one of the longest mandatory separation periods in the country. The state also recognizes four fault-based grounds that allow a spouse to file without waiting a year, but proving fault carries its own challenges.

This article explains each ground for divorce in South Carolina, the separation requirement, residency rules, filing fees, and how the court approaches property division.

For a general overview of divorce nationwide, see our complete guide to divorce.

No-Fault Divorce: One Year of Continuous Separation

South Carolina’s sole no-fault ground for divorce is living separate and apart without cohabitation for a continuous period of one year (SC Code Section 20-3-10(5)). This means both spouses must maintain separate residences for 12 uninterrupted months before the court will finalize the divorce.

What “Separate and Apart” Means

The separation must be genuine and continuous. Key requirements include:

• Separate residences. The spouses must live in different homes. Living in separate rooms within the same house does not satisfy the requirement under South Carolina law.
• No cohabitation. The spouses cannot resume living together or engage in marital relations during the one-year period. Even brief reconciliation attempts can reset the clock.
• Continuous period. The 12 months must be unbroken. If the spouses reconcile and move back in together, the one-year period starts over from scratch once they separate again.

There is no requirement that both spouses agree to the separation. One spouse can move out and begin the one-year clock even if the other spouse objects to the divorce.

Practical Implications

South Carolina’s separation period is longer than most states. This has several practical implications:

• Financial strain. Maintaining two households for a full year is expensive.
• Temporary orders. Many spouses seek temporary orders for child custody, child support, spousal support, and use of marital property during the waiting period.
• Motivation to consider fault grounds. Some spouses file on fault-based grounds specifically to avoid the one-year wait, particularly when there is clear evidence of adultery or cruelty.

Fault-Based Grounds for Divorce

South Carolina recognizes four fault-based grounds under SC Code Section 20-3-10(1) through (4). Filing on a fault ground allows a spouse to proceed without completing the one-year separation period, but the filing spouse bears the burden of proving the alleged misconduct.

1. Adultery (SC Code Section 20-3-10(1))

Adultery is one of the most commonly alleged fault grounds. To prove adultery, the filing spouse must show that the other spouse engaged in sexual relations with someone outside the marriage. South Carolina courts require proof of both opportunity and inclination—evidence that the offending spouse had both the chance and the desire to commit adultery.

Direct evidence is not required. Circumstantial evidence such as phone records, text messages, photographs, hotel receipts, and witness testimony can establish adultery. However, suspicion alone is not enough.

Impact on alimony. Under SC Code Section 20-3-130, a spouse who commits adultery is barred from receiving alimony unless certain narrow exceptions apply. This makes the adultery ground strategically important in cases involving potential spousal support.

2. Physical Cruelty (SC Code Section 20-3-10(2))

Physical cruelty involves the infliction of bodily harm or conduct that creates a substantial risk of death or serious physical injury. The cruelty must be actual physical violence—not merely verbal abuse or emotional mistreatment.

Evidence may include medical records, police reports, photographs of injuries, witness testimony, and protective order records. A single severe incident may be sufficient if it demonstrates a genuine threat to the spouse’s safety.

3. Habitual Drunkenness or Narcotics Use (SC Code Section 20-3-10(3))

This ground covers a spouse’s habitual and excessive use of alcohol or narcotic drugs. The key word is “habitual”—occasional or social drinking does not meet the standard. The filing spouse must show that the substance use is persistent, recurring, and impacts the marriage.

Evidence may include treatment program records, DUI or drug-related arrests, testimony from family members or coworkers, and documentation of the substance use’s impact on the family.

4. Desertion for One Year (SC Code Section 20-3-10(4))

Desertion occurs when one spouse voluntarily leaves the marriage without justification and without the consent of the other spouse, and the desertion continues for one year or more. The departing spouse must have intended to abandon the marriage permanently.

Important distinctions:

• The departing spouse must have left without cause. If a spouse left because of domestic violence or other intolerable conditions, the court may find that the departure was justified and does not constitute desertion.
• Constructive desertion. In some cases, the spouse who remains in the home may be the one guilty of desertion if their conduct was so intolerable that it effectively forced the other spouse to leave.
• The one-year period mirrors the no-fault requirement. Because desertion requires a one-year period, it does not offer a time advantage over no-fault divorce. However, proving desertion may affect the court’s approach to alimony and property division.

Residency Requirements

Before filing for divorce in South Carolina, at least one spouse must meet the state’s residency requirements under SC Code Section 20-3-30:

• If both spouses reside in South Carolina: The filing spouse must have been a resident for at least three months before filing.
• If only one spouse resides in South Carolina: The filing spouse must have been a resident for at least one year before filing.

The filing spouse must demonstrate that South Carolina is their primary domicile—the place where they live and intend to remain. The divorce must be filed in the Family Court of the county where the defendant resides, where the plaintiff resides (if the defendant is a non-resident), or where the parties last lived together as spouses.

Filing Fees and Initial Costs

The filing fee for a divorce in South Carolina is approximately $150, though the exact amount varies slightly by county. This fee covers the initial filing of the Complaint for Divorce with the Family Court.

Additional costs may include service of process fees ($25-$75), attorney fees, mediation fees, guardian ad litem fees, and expert witness fees. An uncontested divorce—where both parties agree on all terms—is significantly less expensive than a contested divorce. For more on divorce costs, see our guide on how much divorce costs.

Equitable Distribution of Property

South Carolina is an equitable distribution state. This means the court divides marital property in a manner it considers fair, which is not necessarily equal. Under SC Code Section 20-3-620, the court considers 15 statutory factors when dividing marital property:

These factors include the duration of the marriage, marital misconduct or fault, the value of marital property and each spouse’s contribution to its acquisition, income and earning potential, health of each spouse, the custodial parent’s need for the marital home, alimony awards, liquidity of assets, tax consequences, liens and encumbrances, dissipation of assets, each spouse’s non-marital property, vested retirement benefits, and other relevant equitable considerations.

Marital property includes most assets acquired during the marriage, regardless of which spouse holds title. Non-marital property—such as assets owned before the marriage, inheritances received by one spouse, and gifts to one spouse—is generally excluded from division, unless it has been commingled with marital assets.

Alimony in South Carolina

South Carolina courts may award several types of alimony under SC Code Section 20-3-130: periodic alimony (ongoing monthly payments), lump-sum alimony (a fixed total amount), rehabilitative alimony (support while a spouse gains self-sufficiency), and reimbursement alimony (compensation for contributions to a spouse’s education or career).

The court considers factors including the duration of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, health, educational background, and marital misconduct. As noted above, adultery bars the offending spouse from receiving alimony in most circumstances.

The Divorce Process Step by Step

1. Meet residency requirements. Confirm you meet the 3-month or 1-year residency threshold.
2. File a Complaint for Divorce. Submit the complaint and summons to the Family Court.
3. Serve the other spouse. The defendant must be formally served.
4. Defendant responds. The defendant has 30 days to file an Answer.
5. Temporary hearings. Either party may request temporary orders for custody, support, and use of marital property.
6. Discovery and negotiation. Both sides exchange financial information and attempt to settle.
7. Trial or final hearing. If the parties cannot settle, the case proceeds to trial.
8. Final divorce order. The judge issues a final order addressing all contested issues.

For more on this topic, see our article on contested vs. uncontested divorce.

What to Do Next

If you are considering divorce in South Carolina, take these steps:

1. Document the date of separation. If you are pursuing a no-fault divorce, establish and record the exact date you began living separately. Save lease agreements, utility bills, or other evidence showing separate residences.
2. Gather financial records. Collect tax returns, pay stubs, bank statements, investment account statements, retirement account statements, and records of debts. Complete financial disclosure is required.
3. Evaluate your grounds. Consider whether a fault-based ground is appropriate and provable. The choice of grounds can affect alimony eligibility and property division.
4. Understand the temporary order process. If you need financial support or a custody arrangement during the separation period, prepare to request temporary orders promptly after filing.
5. Consult with a South Carolina family law attorney. An experienced attorney can help you choose the right ground, navigate the one-year separation period, and protect your financial interests.

Schedule a free consultation to discuss your South Carolina divorce with an experienced family law attorney.

Frequently Asked Questions

Can I get a divorce in South Carolina without waiting a year?

Yes, but only if you file on one of the four fault-based grounds: adultery, physical cruelty, habitual drunkenness or narcotics use, or desertion for one year. The no-fault ground requires a full year of continuous separation. If you can prove fault, the court can grant the divorce without waiting for the separation period to run.

Does adultery affect property division in South Carolina?

Yes. Marital fault, including adultery, is one of the 15 statutory factors the court considers when dividing property under SC Code Section 20-3-620. A spouse who committed adultery may receive a smaller share of marital assets. Additionally, the adulterous spouse is barred from receiving alimony in most cases.

What happens if my spouse and I briefly reconcile during the one-year separation?

If you resume cohabitation—even briefly—during the one-year separation period, the clock resets. You must begin a new 12-month period of continuous separation from the date you separate again. Courts are strict about this requirement, so be cautious about any reconciliation attempts.

How is property divided in a South Carolina divorce?

South Carolina uses equitable distribution, meaning the court divides marital property in a way it considers fair based on 15 statutory factors. This does not necessarily mean a 50/50 split. Factors include the length of the marriage, each spouse’s contributions, income, health, marital misconduct, and the needs of children.

How long does a South Carolina divorce take from start to finish?

For a no-fault divorce, the process takes at least one year because of the mandatory separation period. After filing, an uncontested case may be resolved in a few months. A contested case involving disputes over property, custody, or alimony can take one to two years or longer, depending on the complexity and the court’s schedule.