Divorce in South Carolina — the plain-English overview

South Carolina retains one of the more demanding no-fault paths in the country: a full year of physical separation before either spouse can file on no-fault grounds. The state also retains a robust set of fault grounds, and the choice between paths affects timing more than substance. None of this replaces talking to a South Carolina family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

South Carolina divorces are filed in the Family Court of the county where the defendant lives (or where the plaintiff lives, if the defendant is a non-resident). Residency is set by S.C. Code § 20-3-30: if both spouses are South Carolina residents, the plaintiff must have lived in the state for 3 months before filing; if only the plaintiff is a resident, the plaintiff must have lived here for 1 year.

The Family Court is a separate trial-level court with jurisdiction over all domestic-relations matters (divorce, custody, support, adoption). Each of the state's 16 judicial circuits has its own Family Court division.

How long it takes

South Carolina recognizes both no-fault and fault grounds for divorce (S.C. Code § 20-3-10):

• No-fault — the spouses have lived separate and apart without cohabitation for one year. This is the most common modern path.
• Fault — adultery, physical cruelty, habitual drunkenness or drug use, or desertion for one year.

Once the separation has run (or fault grounds are established), an uncontested South Carolina divorce typically takes 90 days from filing the complaint to the final hearing, since the state requires a waiting period before a final hearing and most counties take 60–90 days to calendar one. Contested cases routinely run a year or more.

Property — what state law assumes

South Carolina is an equitable apportionment state — its statute-specific term for equitable distribution. The Family Court divides marital property (generally, what was acquired during the marriage) in a manner the court finds equitable (S.C. Code § 20-3-620). The statute lists 15 factors, including the duration of the marriage, marital misconduct (especially adultery), each spouse's contribution to acquisition or appreciation of marital property, the value of separate property of each spouse, each spouse's age and health, income, earning potential, opportunity for future acquisition, and any prior support obligations.

Non-marital property — what each spouse brought into the marriage, plus inheritances and individual gifts — generally stays separate, unless it was commingled with marital funds during the marriage.

Custody — the starting framework

South Carolina has no statutory presumption in favor of joint or sole custody. The Family Court decides based on the best interest of the child, weighing the statutory factors at S.C. Code § 63-15-240, including the temperament and developmental needs of the child, the capacity and disposition of each parent to understand the child's needs, the preferences of the child where appropriate, the wishes of the parents, the past and current interaction of the child with each parent and siblings, the actions of each parent to encourage the child's relationship with the other, the manipulative or coercive behavior of either parent, the ability of each parent to be actively involved, the child's adjustment to home, school, and community, the stability of the proposed environment, the mental and physical health of all individuals involved, the child's cultural and spiritual background, and any history of domestic violence.

The statute uses legal custody (decision-making) and physical custody (where the child lives), each of which can be joint or sole. The most common outcome is some form of joint legal custody with a primary custodial parent.

South Carolina requires both parents in a contested custody case to attend a court-approved parenting course before the final hearing.

Filing fees and fee waivers

The Family Court filing fee for a South Carolina divorce complaint is approximately $150. Service of process adds another $25–$50 depending on method.

If you can't afford the fee, South Carolina lets you file a Motion and Affidavit to Proceed in Forma Pauperis under S.C. Code § 8-21-1010 and the related Family Court rules. The affidavit shows your income, household size, and inability to pay; if granted, the court waives filing fees and certain other court-imposed costs.

What this page can't tell you

South Carolina's 16 judicial circuits run Family Court practice with local variation:

• Whether your circuit requires mediation of contested matters before a final hearing (many do).
• Local rules on temporary hearings — South Carolina has a streamlined 15-minute temporary-hearing process that varies in scheduling between counties.
• Whether your county uses Family Court masters or special referees for certain matters.
• The specific parent-education provider your county approves.

The South Carolina Judicial Branch (sccourts.org/familyCourt) hosts statewide forms and procedural information. Your county's Family Court Clerk is the authoritative source for local rules and fee schedules. For anything strategic — especially around equitable apportionment, alimony, or contested custody — talk to a South Carolina family-law attorney.

Statutes referenced

• Residency — S.C. Code § 20-3-30
• Grounds for divorce (no-fault + fault) — S.C. Code § 20-3-10
• Equitable apportionment — S.C. Code § 20-3-620
• Custody — best-interest factors — S.C. Code § 63-15-240
• In forma pauperis (fee waiver) — S.C. Code § 8-21-1010

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.