Divorce in South Carolina can be a complicated and emotional process. Whether you’re considering separation or have already started filing, it’s normal to feel uncertain about what comes next. Understanding the legal steps can help you make informed decisions and feel more in control of your future.
While every divorce is different, the legal process follows specific guidelines. From filing requirements to asset division and child custody, here’s what you need to know about divorce in South Carolina.
Who Can File for Divorce in South Carolina?
To file for divorce in South Carolina, you must meet certain residency requirements:
- If you live in South Carolina but your spouse does not, you must have lived in the state for at least one year before filing.
- If both spouses live in South Carolina, at least one of you must have lived in the state for three months before filing.
If you meet these requirements, you can begin the divorce process by filing in the county where you or your spouse live.
Grounds for Divorce in South Carolina
South Carolina law allows for fault-based and no-fault divorces. The grounds you choose can impact your case, especially when it comes to alimony and asset division.
No-Fault Divorce
You can file for a no-fault divorce if you and your spouse have lived separately for at least one year without resuming the relationship.
Fault-Based Divorce
If you don’t want to wait a year, you must prove one of these fault-based grounds:
- Adultery: If your spouse was unfaithful, it could affect alimony and financial settlements.
- Physical Cruelty: Repeated physical abuse may qualify as a reason for immediate divorce.
- Habitual Drunkenness or Drug Abuse: If your spouse has a substance abuse problem that affects the marriage, this may be a valid ground.
- Desertion: If your spouse has abandoned you for one year or more, you may file for divorce.
Each of these requires proof, such as witness testimony, police reports, or financial records.
Do you need help getting proof together or aren’t sure where to start? Contact McCutchen McLean and we’ll be happy to help.
How Long Does Divorce Take in South Carolina?
The length of a divorce case depends on whether it is contested or uncontested:
- Uncontested Divorce (No-Fault) – If both spouses agree on all terms (such as asset division, child custody, and support), and they have already lived separately for one year, the divorce can be finalized in as little as three months.
- Contested Divorce – If the spouses disagree on any issues, the process takes longer. A court may require mediation, hearings, and even a trial, which can take six months to over a year.
Filing on fault-based grounds can sometimes speed up the process, but only if there is strong evidence to prove fault.
How Are Assets Divided in a South Carolina Divorce?
South Carolina follows equitable distribution laws, meaning the court divides marital property fairly — but not necessarily equally.
What Counts as Marital Property?
- Property acquired during the marriage (homes, cars, bank accounts, businesses, retirement funds).
- Debts taken on during the marriage.
What Is Not Marital Property?
- Assets owned before marriage (unless they were shared with the spouse).
- Inheritances and gifts given to one spouse.
The court considers factors like each spouse’s income, contributions to the marriage, and fault in the divorce when dividing property.
Child Custody and Child Support in South Carolina
Child custody and support are some of the most important parts of a divorce. However, it can also be one of the most complex. South Carolina courts make these decisions based on the best interests of the child, considering factors like parenting abilities, stability, and financial support.
South Carolina provides child support calculators to estimate payments, but a divorce lawyer or family law attorney can help ensure calculations are fair. Want to learn more about how South Carolina courts handle child custody and child support? Contact us today or check out our guide to child custody law.
Finding the Right Family Law Attorney in South Carolina
Divorce laws can be complicated, especially when dealing with child custody, support, or contested assets.
If you’re going through a divorce in South Carolina, having the right legal team can make a difference. McCutchen McLean provides compassionate and knowledgeable legal representation for divorce, asset division, child custody, and support cases in Lexington, SC.
Even if your divorce is amicable, having legal guidance can help avoid costly mistakes. Contact McCutchen McLean today to schedule a consultation and discuss your case.
