South Carolina Divorce Laws (2026): Grounds, Residency, and Process
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. Once a complaint is filed, S.C. Code 20-3-80 prohibits the court from scheduling a reference hearing until at least two months after the filing date, and the final decree cannot be entered before three months from filing. This means that even after you meet the one-year separation requirement and file the complaint, you will wait at least three additional months before the divorce is finalized.
In practice, an uncontested South Carolina divorce generally takes at least three months after filing, and most divorces (even uncontested ones) take longer once court scheduling and paperwork are factored in.
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.
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. As noted above, adultery bars the at-fault spouse from receiving alimony in South Carolina. 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.
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 and the court may schedule a hearing. Under S.C. Code 20-3-80, the court cannot hold a reference hearing sooner than two months after filing, and the final decree cannot enter before three months from filing. After the hearing and the expiration of the minimum time periods, 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.
More South Carolina Laws
- South Carolina AI Meeting Recording Laws
- South Carolina Alimony Laws
- South Carolina At-Will Employment Laws
- South Carolina Car Accident Laws
- South Carolina Car Seat Laws
- South Carolina Child Custody Laws
- South Carolina Child Support Laws
- South Carolina Common Law Marriage Laws
- South Carolina Data Privacy Laws
- South Carolina Dog Bite Laws
- South Carolina Emancipation Laws
- South Carolina Expungement Laws
- South Carolina Hit and Run Laws
- South Carolina Landlord-Tenant Laws
- South Carolina Lemon Laws
- South Carolina Power of Attorney Laws
Sources
- S.C. Code Ann. Title 20, Chapter 3 (Divorce): https://www.scstatehouse.gov/code/t20c003.php
- South Carolina Judicial Branch, Family Court: https://www.sccourts.org/
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.