South Carolina Divorce

To begin a divorce proceeding in South Carolina, at least one spouse must have been a South Carolina resident for one year, or both spouses must have been residents for at least three months. There is a 90 day waiting period between filing for divorce and the divorce being granted.

Grounds for Divorce

South Carolina permits both no-fault divorce and fault-based divorce. No-fault divorce is permitted if a couple has lived separate and apart for at least one year. Grounds (or reasons) for fault-based divorce are:

• Adultery
• Alcoholism
• Drug addiction
• Physical abuse or the fear of physical abuse
• Willful desertion for at least one year

Property Division and Spousal Maintenance

In South Carolina, all marital property is divided "equitably" (but not necessarily equally). Marital property included assets and debts acquired during the marriage. Separate property, which includes property acquired before the marriage and property obtained during the marriage via gift or inheritance to strictly one spouse, is not subject to equitable distribution.

Under certain conditions, the court will order alimony, or spousal support, to be paid from one spouse to the other. Alimony is designed to lessen the financial impact of the divorce on one spouse. The length and amount of support awarded depends on several factors, including the length of the marriage and each spouse's financial situation and earning capacity.

Child Custody and Support

If parents in South Carolina are unable to reach a custody agreement on their own, the courts will make custody decisions based on what is in the best interests of the child. Among the factors a South Carolina judge will consider:

• The welfare of the child
• Each parent's circumstances
• The child and parent's religious faith and the best spiritual interests of the child
• The child's preference, if the child is old and mature enough to express a preference

In South Carolina, both parents are responsible for supporting the child, and the non-custodial parent will be required to financially support the child. A judge will usually rely on the South Carolina child support calculator to calculate child support amounts.

South Carolina Divorce Additional Resources

South Carolina Judicial Department for information about the courts in your area

The South Carolina Department of Health and Environmental Control's Vital Records Service for copies of marriage and divorce records

The South Carolina Child Support Enforcement for information about collecting child support payments