South Carolina Divorce Laws (2026): Grounds, Residency, and Process

South Carolina's only no-fault divorce route requires spouses to live separate and apart in separate residences without cohabitation for one continuous year before filing (S.C. Code 20-3-10). If both spouses are South Carolina residents, the filing spouse needs only 3 months of residency; if only one spouse lives in the state, that spouse must have been a resident for at least 1 year.

Grounds for divorce in South Carolina

South Carolina recognizes five grounds for divorce, and only one of them is no-fault. The no-fault ground is living separate and apart without cohabitation for one continuous year (S.C. Code 20-3-10). This is not a short separation. Spouses must maintain entirely separate residences for the entire one-year period. Any resumption of cohabitation, even briefly, restarts the clock and the parties must begin a new uninterrupted year before becoming eligible to file on this ground.

The four fault grounds are: (1) adultery, (2) desertion for one year, (3) physical cruelty, and (4) habitual drunkenness or drug abuse. A spouse who files on a fault ground must prove it in court. Proving fault can affect alimony in South Carolina, since adultery typically bars the cheating spouse from receiving alimony. Because fault litigation is more complex and expensive, many South Carolina couples plan ahead and use the one-year separation route.

South Carolina does not recognize covenant marriage, so no special pre-divorce restrictions apply beyond the standard grounds listed above.

Residency requirement

South Carolina's residency rules depend on how many spouses currently live in the state, as set out in S.C. Code 20-3-30. If only one spouse is a South Carolina resident, that spouse must have been a resident for at least one year before filing. If both spouses are South Carolina residents at the time of filing, the filing spouse needs only three months of residency.

Divorce cases are heard in the South Carolina Family Court system. The correct county in which to file is generally the county where the defendant (the non-filing spouse) resides, or where the spouses last lived together, or where the plaintiff resides if the defendant is not a state resident.

Waiting period and separation

It is critical to distinguish these two concepts in South Carolina because the state has both, and they serve different purposes.

The separation requirement is the one-year period of living separate and apart that must be completed before you are eligible to use the no-fault ground. This is a threshold eligibility requirement. You cannot file for a no-fault divorce until the full year of separation has elapsed. The one-year clock begins the day the spouses move into separate residences and runs uninterrupted. Physical separation in separate homes is required; living in different rooms of the same house does not count.

The waiting period is a separate post-filing rule, but S.C. Code 20-3-80 exempts the one-year-separation ground (and desertion) from it: the hearing may be held and the decree issued once the defendant's responsive pleadings are filed, or once the defendant is adjudged in default, whichever comes first. The standard delay, no reference hearing sooner than two months after filing and no final decree before three months from filing, applies only to divorces filed on the remaining grounds: adultery, physical cruelty, or habitual drunkenness.

In practice, an uncontested South Carolina divorce on the one-year-separation ground can often be finalized within weeks of filing once the defendant answers or is adjudged in default, though court scheduling and paperwork can extend that timeline.

How property is divided

South Carolina is an equitable distribution state. It is not a community property state. Community property rules, which split marital assets roughly 50/50, apply only in the nine community-property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. South Carolina is not one of them.

Under equitable distribution, the Family Court divides marital property in a manner that is fair and equitable, which may or may not mean an equal division. The court considers factors including the length of the marriage, each spouse's economic circumstances and earning capacity, contributions to the marriage (including contributions as a homemaker), any dissipation of marital assets, and the tax consequences of the proposed division. Separate property, meaning assets owned before the marriage or received as a gift or inheritance during the marriage, is generally excluded from marital estate division, though characterization of mixed assets can be a contested issue.

Spouses who agree on property division may submit a written settlement agreement, which the court will review and incorporate into the final decree. Since the agreement becomes part of the final decree, have a South Carolina family lawyer review how it divides the marital estate in a free case evaluation before you sign (attorney advertising).

Alimony, custody, and child support

South Carolina courts decide alimony, child custody, and child support as part of the divorce proceeding. Alimony may be awarded to either spouse based on factors including the length of the marriage, each spouse's earning capacity and financial need, the marital standard of living, and the conduct of the parties during the marriage. Adultery bars the at-fault spouse from receiving alimony, but only when it was committed before the earlier of two events: the formal signing of a written property or marital settlement agreement, or the entry of a permanent order of separate maintenance and support or of a permanent order approving such an agreement (S.C. Code 20-3-130(A)). Adultery after that point does not bar an alimony award. For a complete overview of how South Carolina courts award and modify alimony, see the South Carolina alimony laws page.

Child custody in South Carolina is determined under a best-interests-of-the-child standard. Courts consider the child's relationship with each parent, each parent's ability to provide for the child's needs, and any history of domestic violence or abuse. See the South Carolina child custody laws page for details on legal and physical custody, parenting plans, and relocation rules. Child support is calculated under South Carolina's income shares guidelines and is enforceable through the state's Division of Child Support Services. Estimate your payment with our South Carolina child support calculator.

How to file for divorce in South Carolina

The following steps describe the typical process for a no-fault divorce in South Carolina based on one year of separation.

First, complete the full one-year period of living separate and apart in separate residences without any cohabitation. Do not move back in together, even temporarily, because this resets the clock. Keep records of when the separation began, such as a lease agreement, utility bills in your own name, or correspondence establishing a separate address.

Second, confirm that you meet the residency requirement: 3 months in South Carolina if both spouses currently live in the state, or 1 year if only the filing spouse is a South Carolina resident.

Third, prepare and file a Complaint for Divorce in the South Carolina Family Court for the appropriate county. The complaint sets out the grounds (one-year separation), states the residency facts, and identifies the relief you are seeking, including property division, alimony, and custody if children are involved. Pay the filing fee to the clerk when you submit your papers.

Fourth, serve your spouse with the complaint and a summons. South Carolina requires proper service before the case can proceed. If your spouse agrees to the divorce, they can sign an acceptance of service or answer admitting the grounds.

Fifth, both spouses exchange financial declarations disclosing income, assets, debts, and expenses. These disclosures are required in South Carolina Family Court.

Sixth, if all issues are resolved by agreement, the parties submit a settlement agreement. Because this walkthrough covers the one-year-separation ground, S.C. Code 20-3-80's exception applies: the court may hold the hearing and enter the final decree once the defendant's responsive pleadings are filed or the defendant is adjudged in default, without waiting the standard two-month/three-month post-filing delay that applies to cases filed on adultery, physical cruelty, or habitual drunkenness. After the hearing, the court enters the final decree and the divorce is complete.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in South Carolina.

For the full state-by-state overview, visit the Divorce Laws by State hub. You can also learn more about related family-law topics on the South Carolina alimony laws page and the South Carolina child custody laws page.

More South Carolina Laws

• South Carolina Alimony Laws
• South Carolina Child Custody Laws
• South Carolina Child Support Laws
• South Carolina Common Law Marriage Laws
• South Carolina Restraining Order Laws
• South Carolina Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in South Carolina?

The minimum is roughly 12 months from the start of separation for an uncontested no-fault divorce: the full year of separation must run before you can file. S.C. Code 20-3-80 exempts the one-year-separation ground from the standard 2-month/3-month post-filing delay, so the hearing and decree can follow shortly after the defendant's responsive pleadings are filed or a default is entered. In practice, uncontested cases can still take additional weeks due to court scheduling, and contested divorces involving disputed property, alimony, or custody can take a year or more after filing.

Do I need a reason to get divorced in South Carolina?

Not in the fault sense, but South Carolina does require either a fault ground (adultery, desertion, physical cruelty, or habitual drunkenness) or one full year of living separate and apart in separate residences. There is no option to file for divorce on a simple incompatibility or irreconcilable-differences ground without first completing the one-year separation.

How long do I have to be separated before I can divorce in South Carolina?

You must live separate and apart in entirely separate residences, without any cohabitation, for one continuous year before you are eligible to file on the no-fault ground (S.C. Code 20-3-10). Any period of cohabitation restarts the clock. If you file on a fault ground instead, no prior separation period is required.

Is South Carolina a community property state?

No. South Carolina is an equitable distribution state. The Family Court divides marital property fairly based on the circumstances, which may or may not result in an equal split. Only nine states use community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

How much does a divorce cost in South Carolina?

Filing fees vary by county. There are additional costs for serving the other party and any required hearings. Attorney fees depend heavily on whether the case is uncontested or contested. An uncontested no-fault divorce with no major disputes is generally far less expensive than a fault-ground case or a contested proceeding involving property, alimony, or custody disputes.

Can I get divorced without my spouse agreeing?

Yes. If you have completed the one-year separation and your spouse refuses to cooperate, you can proceed with the divorce in court. The case will be treated as contested, and a Family Court judge will resolve any disputed issues. Your spouse's refusal does not prevent the divorce from being granted once you have met the statutory requirements.

Do I have to live in South Carolina to file for divorce there?

Yes, residency is required. If both spouses live in South Carolina, the filing spouse needs at least 3 months of residency. If only one spouse is a South Carolina resident, that spouse must have lived in the state for at least 1 year before filing (S.C. Code 20-3-30). A spouse who lives out of state can still file in South Carolina if the other spouse has been a South Carolina resident for that same one-year period.