Divorce in South Carolina: Laws, Process, and Costs

A couple in Charleston had been married for twelve years when the wife discovered her husband’s affair. She assumed the adultery would give her leverage in every part of the divorce — more of the property, guaranteed alimony, full custody. Her attorney explained the reality: adultery is a ground for divorce in South Carolina and it completely bars the unfaithful spouse from receiving alimony, but it doesn’t automatically change property division or custody. That single distinction — adultery’s outsized impact on spousal support but limited effect on other issues — reshaped her entire strategy and her expectations about what the divorce would look like financially.

South Carolina’s divorce laws have several features that surprise people. The no-fault ground requires a full year of separation. Adultery is one of the few fault-based grounds that carries a direct financial penalty. And a 2025 legislative push to overhaul alimony is changing the landscape for new filers. Understanding these rules before you file helps you make better decisions and avoid costly mistakes.

This guide covers South Carolina divorce law as it stands in 2026: grounds for divorce, residency requirements, the filing process, property division, alimony, child custody, child support, costs, and frequently asked questions. For a broader overview, see our complete guide to divorce.

Grounds for Divorce in South Carolina

South Carolina recognizes one no-fault ground and four fault-based grounds for divorce under SC Code Section 20-3-10.

No-Fault Ground

South Carolina’s no-fault ground requires that the spouses have lived separate and apart for one continuous year without cohabitation. There is no shortcut — any period of resumed cohabitation during the year resets the clock.

This one-year requirement is stricter than many states, where no-fault divorce can be filed immediately or after a shorter separation period. In South Carolina, if you want to avoid proving fault, you must wait out the full year. The separation does not require a court order or formal agreement, but both spouses must actually live in separate residences.

A common question is whether spouses can live “separate and apart” in the same house. South Carolina courts have generally held that true separation requires maintaining separate households. Living in different bedrooms under the same roof typically does not satisfy the statutory requirement.

Fault-Based Grounds

South Carolina has four fault-based grounds for divorce:

1. Adultery — sexual intercourse with someone other than the spouse. Must be proven by a preponderance of evidence, which can include circumstantial evidence such as opportunity and inclination.
2. Desertion — one spouse abandons the other for one full year without consent or justification.
3. Physical cruelty — actual physical violence or reasonable apprehension of bodily harm that makes continued cohabitation unsafe.
4. Habitual drunkenness — habitual intoxication from alcohol or habitual use of narcotic drugs, contracted after marriage.

Adultery is by far the most strategically significant ground because of its direct financial consequence: under SC Code Section 20-3-130, a spouse who commits adultery is completely barred from receiving alimony. This makes the decision to allege and prove adultery a pivotal strategic choice in many South Carolina divorces.

Residency Requirements

South Carolina has a dual residency threshold under SC Code Section 20-3-30:

• One year if only one spouse is a resident of South Carolina
• Three months if both spouses are residents of South Carolina

File in the Family Court in the county where:

• The defendant resides, or
• The plaintiff resides, if the defendant is a nonresident or cannot be found

South Carolina handles all divorce cases in Family Court — not circuit court or common pleas. This is a state-specific distinction that matters when looking for the right courthouse and forms.

Military members stationed in South Carolina may establish residency for divorce purposes, but the rules depend on whether SC is their state of legal domicile. Service members should consult a family law attorney familiar with military divorce issues.

How to File for Divorce in South Carolina

Step 1: Prepare Your Documents

South Carolina’s divorce process begins with the Complaint for Divorce (also called a Summons and Complaint). You’ll need:

• Summons and Complaint for Divorce — states the grounds, identifies the parties, and requests specific relief (property division, alimony, custody, support)
• Financial declarations — both spouses must provide full financial disclosure, including income, assets, debts, and expenses
• Filing fee payment — $150

If you have minor children, you will also need to address custody, visitation, and child support in your complaint or through a separate agreement.

Step 2: File and Pay

File with the clerk of the Family Court in the appropriate county and pay the $150 filing fee. South Carolina’s filing fee is a flat rate statewide, which is simpler than states where fees vary by county.

If you cannot afford the filing fee, you may file a request to proceed in forma pauperis (as an indigent party). The court will evaluate your financial circumstances and may waive the fee.

Step 3: Serve Your Spouse

Your spouse must be formally served with the divorce papers. South Carolina allows service by:

• County sheriff or deputy
• Private process server authorized by the court
• Certified mail, return receipt requested (in some circumstances)
• Publication (if the spouse cannot be located after diligent search — requires court approval)

After being served, the defendant has 30 days to file an answer or response. If the defendant fails to respond, the plaintiff may seek a default judgment.

Step 4: Discovery and Financial Disclosure

In contested cases, both sides exchange financial documents through formal discovery — tax returns, bank statements, pay stubs, retirement account statements, real estate appraisals, and business records. South Carolina’s Family Court rules require full financial transparency.

Step 5: Negotiation or Mediation

Many South Carolina Family Courts encourage or require mediation before trial. Parties may also negotiate directly or through their attorneys. If the spouses reach agreement on all issues, they can submit a settlement agreement (also called a marital settlement agreement or property settlement agreement) to the court.

Step 6: Final Hearing

Even in uncontested cases, South Carolina requires a final hearing before a Family Court judge. At this hearing, the plaintiff (or both parties) must testify that the facts in the complaint are true, the marriage is irretrievably broken, and any agreements are fair and voluntary. The judge then issues a Final Order of Divorce.

There is no statutory waiting period in South Carolina beyond the one-year separation for no-fault cases. For fault-based divorces where the ground has been proven, the case can proceed to a final hearing as soon as the court’s schedule allows and all issues are resolved.

Waiting Periods and Timeline

South Carolina does not impose a mandatory post-filing waiting period like some states. However, the one-year separation requirement for no-fault divorce effectively serves as a waiting period. Here’s what different types of South Carolina divorces typically look like:

An uncontested divorce where both spouses agree on all terms can be finalized relatively quickly once the complaint is filed and the final hearing is scheduled. Contested divorces take significantly longer due to discovery, mediation, and court scheduling.

Property Division: Equitable Apportionment

South Carolina is an equitable distribution state. Under SC Code Section 20-3-620, the court divides marital property through equitable apportionment — fairly, but not necessarily equally.

Marital property includes assets and debts acquired during the marriage by either spouse. Nonmarital property — assets owned before marriage, inherited, or received as gifts to one spouse — generally stays with the owning spouse, unless it has been commingled with marital property or transmuted through the parties’ actions.

The court considers 15 statutory factors, including:

• Duration of the marriage
• Marital misconduct or fault of either party (unlike some states, SC considers fault in property division)
• Value of the marital property and each spouse’s contribution to it
• Income and earning potential of each spouse
• Physical and emotional health of each spouse
• Need for additional training or education
• Nonmarital property of each spouse
• Custody of minor children and the need to remain in the marital home
• Tax consequences of the proposed division
• Liens, encumbrances, and debts against the property
• Whether either spouse has an award of alimony or support
• Retirement benefits, including pensions and 401(k) accounts
• Any other relevant factors the court deems necessary

One important distinction: unlike Tennessee and some other equitable distribution states, South Carolina does consider marital fault as a factor in property division. A spouse’s misconduct can influence how the court divides the marital estate.

Alimony (Spousal Support) in South Carolina

South Carolina courts may award alimony based on factors in SC Code Section 20-3-130. The state recognizes four types:

Periodic alimony — ongoing payments, typically monthly, for an indefinite duration or until a triggering event (remarriage, cohabitation, death). This is the most common form in long-term marriages.

Lump-sum alimony — a fixed total amount paid either at once or in installments. This type is not modifiable and does not terminate on remarriage.

Rehabilitative alimony — support for a defined period to help the receiving spouse gain education, training, or employment skills to become self-supporting.

Reimbursement alimony — compensation for one spouse’s contribution to the other’s education or career advancement during the marriage (for example, supporting a spouse through medical school).

Adultery Bars Alimony

South Carolina’s most distinctive alimony rule: adultery is a complete bar to receiving alimony. Under SC Code Section 20-3-130, a spouse who commits adultery cannot receive any form of spousal support, regardless of financial need or the length of the marriage. This makes adultery allegations enormously consequential in South Carolina divorces — proving (or disproving) an affair can mean the difference between receiving substantial ongoing support and receiving nothing.

2025 Alimony Reform

South Carolina’s alimony landscape is shifting. In 2025, the legislature advanced legislation aimed at eliminating indefinite periodic alimony in most cases. The reform would establish durational limits tied to the length of the marriage and restrict the circumstances under which permanent alimony can be awarded. Additionally, Rule 21 changes effective October 2025 modify procedural requirements in Family Court proceedings.

If you are filing for divorce in 2026 or later, consult an attorney about how these changes may affect your case. The reform is particularly relevant for long-term marriages where one spouse expected to receive indefinite support.

The court evaluates multiple statutory factors when setting alimony, but need and ability to pay carry the most weight.

Child Custody

South Carolina courts determine custody based on the best interests of the child under SC Code Section 63-15-240. The court evaluates factors including:

• The temperament and developmental needs of the child
• Each parent’s wishes regarding custody
• The child’s preference (if of sufficient age and maturity)
• Past and current interaction between each parent and the child
• The child’s adjustment to home, school, and community
• Mental and physical health of all parties
• Whether either parent has attempted to manipulate the custody process
• Any history of domestic violence

South Carolina does not presume that either parent is better suited for custody based on gender. Joint custody arrangements are increasingly common, though the court must determine that joint custody serves the child’s best interests.

For a detailed breakdown of South Carolina’s custody factors, see our guide on child custody in South Carolina.

Child Support

South Carolina calculates child support using the Income Shares model under SC Code Section 63-17-470. Both parents’ gross incomes are combined to determine a basic child support obligation from the state’s guidelines schedule. Each parent’s share is proportional to their percentage of the combined income. Adjustments are made for health insurance premiums, childcare costs, and extraordinary expenses.

For more detail, see our guide on child support in South Carolina. For an estimate, try our child support calculator.

How Much Does Divorce Cost in South Carolina?

South Carolina divorce costs vary significantly depending on whether the case is uncontested or contested:

Court filing fee: $150 statewide. South Carolina’s flat filing fee is straightforward compared to states with county-by-county variation.

Attorney fees in South Carolina average $275 per hour, with rates ranging from $200 to $400 depending on experience, location, and case complexity. Charleston, Greenville, and Columbia attorneys tend to charge at the higher end. Smaller markets often fall in the $200 to $275 range. Initial retainers typically run $2,500 to $5,000.

Additional costs to plan for:

• Service of process: $25 - $100
• Mediation: $150 - $350 per hour (split between parties), with most mediations taking 2 to 8 hours
• Guardian ad litem (if appointed for custody disputes): $2,500 - $7,500+
• Certified copies of final order: $5 - $15 each
• Real estate appraisals (if needed): $300 - $500
• Business valuations (if needed): $3,000 - $10,000+

Couples who reach agreement on all issues before or shortly after filing save 60% to 80% compared to contested cases. If you and your spouse can agree on property division, alimony, and custody, pursuing an uncontested divorce is by far the most cost-effective approach.

For a personalized estimate, try our divorce cost estimator.

What to Do Next

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

1. Understand your timeline. If you want to file on no-fault grounds, the one-year separation clock must be running. If you have fault-based grounds (particularly adultery), you may be able to file sooner.
2. Gather your financial records. You’ll need tax returns, bank statements, pay stubs, property deeds, mortgage statements, retirement account statements, and credit card statements.
3. Consider the alimony implications. Adultery’s role as a complete bar to alimony makes the choice of grounds strategically critical. If adultery is involved on either side, consult an attorney before filing.
4. Think about custody early. If you have minor children, start thinking about a realistic parenting plan that serves your children’s best interests.
5. Talk to an attorney. Even in an uncontested divorce, having a lawyer review your settlement agreement can prevent costly mistakes. For contested cases, legal representation is strongly recommended.

For more information, see our guides on contested vs. uncontested divorce, how much divorce costs, and how to file for divorce.

To discuss your situation with a qualified family law attorney, schedule a free consultation.

Frequently Asked Questions

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

Yes, but only if you file on fault-based grounds. The one-year separation requirement applies only to the no-fault ground. If you can prove adultery, physical cruelty, habitual drunkenness, or desertion, you can file without waiting. Adultery is the most commonly alleged fault ground because it can be proven through circumstantial evidence and carries the additional consequence of barring the unfaithful spouse from alimony. However, proving fault adds complexity and cost to the case.

How much does an uncontested divorce cost in South Carolina?

An uncontested divorce in South Carolina typically costs $650 to $2,000 with attorney assistance, or as little as $150 to $500 if you handle the paperwork yourself. The main costs are the $150 filing fee and attorney fees if you hire one. Many South Carolina family law attorneys offer flat-fee packages for uncontested divorces. The low end applies when both spouses agree on all terms and have straightforward finances. The cost rises with complexity — retirement accounts, real property, and business interests all require more attorney time.

Does adultery affect divorce in South Carolina?

Significantly, and in multiple ways. First, adultery is a ground for divorce, allowing you to file without waiting for the one-year separation. Second, adultery is a complete bar to alimony — a spouse who commits adultery cannot receive any spousal support, regardless of financial need. Third, marital misconduct (including adultery) is one of the 15 factors the court considers in property division. However, adultery does not directly affect child custody unless it impacts the child’s well-being.

How long does a divorce take in South Carolina?

The timeline depends on the type of divorce. An uncontested fault-based divorce can be finalized in 2 to 4 months. An uncontested no-fault divorce takes at least a year (the separation period) plus 3 to 6 months for the legal process. Contested divorces typically take 6 to 18 months, and high-conflict cases with custody disputes or complex assets can stretch to two years or more. Court scheduling in your county and the complexity of your financial situation are the biggest variables.

What is equitable apportionment in South Carolina?

Equitable apportionment is South Carolina’s term for equitable distribution of marital property. Under SC Code Section 20-3-620, the court divides marital assets and debts fairly based on 15 statutory factors — but “fair” does not necessarily mean “equal.” The court considers the duration of the marriage, each spouse’s income and earning potential, contributions to the marriage, marital misconduct, health, custody arrangements, and other factors. In practice, many South Carolina divorces result in roughly equal splits, but the court has broad discretion to adjust the division based on the circumstances.

Is alimony changing in South Carolina?

Yes. In 2025, the South Carolina legislature advanced reform legislation aimed at eliminating indefinite periodic alimony in most cases. The proposed changes would tie alimony duration to the length of the marriage and restrict permanent alimony to exceptional circumstances such as long-term marriages involving significant health limitations. Rule 21 changes effective October 2025 also modify procedural requirements in Family Court. If you are filing in 2026 or later, consult an attorney about how these reforms apply to your situation.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

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

• SC Code Section 20-3-10 — Grounds for Divorce
• SC Code Section 20-3-30 — Residency Requirements
• SC Code Section 20-3-620 — Equitable Apportionment of Marital Property
• SC Code Section 20-3-130 — Alimony
• SC Code Section 63-15-240 — Child Custody Best Interest Factors
• SC Code Section 63-17-470 — Child Support Guidelines

Official South Carolina Resources

• South Carolina Judicial Branch — Self-Help Resources
• South Carolina Department of Social Services — Child Support

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

Related Guides

Learn more about related family law topics:

• The Complete Guide to Divorce
• South Carolina Divorce Grounds and Separation
• Child Custody in South Carolina
• Child Support in South Carolina
• How Much Does Divorce Cost?
• Contested vs. Uncontested Divorce
• Divorce Cost Estimator
• Child Support Calculator

Last updated: May 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.