Divorce in South Carolina: Laws, Requirements, and Process
A complete guide to getting a divorce in South Carolina. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 3 months in the state if both spouses are residents; 1 year if only the filing spouse is a resident.
- Waiting period: No additional waiting period after 1-year separation (for no-fault); 90 days for fault-based if no answer is filed.
- Filing fee: $150 - $200.
Grounds for Divorce
South Carolina allows no-fault divorce. The no-fault ground is: Living separate and apart for 1 year.
Fault-Based Grounds
South Carolina also recognizes these fault-based grounds for divorce:
- Adultery
- Habitual drunkenness or drug use
- Physical cruelty
- Desertion for one year
Residency Requirements
3 months in the state if both spouses are residents; 1 year if only the filing spouse is a resident.
Property Division
South Carolina is an equitable distribution state. South Carolina follows equitable distribution. Courts divide marital property fairly based on factors including the duration of the marriage, the age and health of the parties, the income and earning capacity of each party, the standard of living during the marriage, the contribution of each party to the acquisition of property, and marital misconduct.
Alimony / Spousal Support
South Carolina courts may award periodic, lump-sum, rehabilitative, or reimbursement alimony. Courts consider the duration of the marriage, the age and health of each spouse, each party's earning capacity, the marital and nonmarital property of each party, the standard of living during the marriage, and marital misconduct. Adultery by the requesting spouse bars alimony.
Child Custody
South Carolina courts determine custody based on the best interest of the child. Factors include the child's physical, psychological, and emotional needs, each parent's temperament and character, the child's existing and past relationship with each parent, and any history of domestic violence.
Child Support
South Carolina uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, childcare expenses, and the custody arrangement.
Filing Fee
The filing fee for divorce in South Carolina is $150 - $200. Fee waivers may be available for those who cannot afford to pay.
South Carolina court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in South Carolina?
South Carolina allows no-fault divorce after 1 year of living separate and apart. Fault-based grounds include adultery, habitual drunkenness or drug use, physical cruelty, and desertion for 1 year.
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How long do you have to live in South Carolina to file for divorce?
If both spouses live in South Carolina, one must be a resident for at least 3 months. If only the filing spouse lives in SC, the residency requirement is 1 year.
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How is property divided in a South Carolina divorce?
South Carolina uses equitable distribution. Courts divide marital property fairly based on the duration of the marriage, each party's income and contributions, and marital misconduct. The division does not need to be equal.
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How long does a divorce take in South Carolina?
A no-fault divorce requires a 1-year separation period. After filing on fault grounds, the case can proceed more quickly. Uncontested divorces typically take 2 to 4 months after filing. Contested cases can take significantly longer.