Created by FindLaw's team of legal writers and editors | Last reviewed August 08, 2018
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There are five grounds for divorce in South Carolina:
1) Adultery;
2) Desertion for a period of at least one year;
3) Physical cruelty;
4) Habitual drunkenness or drug abuse, and
5) Living separate and apart without cohabitation for a period of one year.
In a no-fault divorce, neither party is blamed for the unraveling of the marriage. In South Carolina a couple must live apart for more than one (1) year without intervening cohabitation before filing for a no-fault divorce.
South Carolina law does not provide for legal separation. However, a married couple can enter into an agreements to divide their property, and have these agreements approved by the Family Court. Under some circumstances, South Carolina law also allows a spouse to obtain support payments during a period of separation.
If both parties live in South Carolina, the spouse suing for divorce must have lived in South Carolina for at least three (3) months. When one of the parties lives out of state, the other must have resided in South Carolina for at least one year before the action is filed.
That depends on the complexity of your case, the number of cases on the family court docket, the attitude of your spouse. Generally speaking, an uncontested divorce can be obtained in less than a year.
You can arrange all or some of your finances by mutual agreement. If you cannot agree on these things, the Court can hold a hearing and issue temporary orders for spousal support, child custody, child support, preservation of property, and other matters incident to the divorce.
No. A lawyer may only represent one of you. An attorney would have a conflict of interest in representing both parties to a divorce or separation.
Child support is calculated according to uniform guidelines in most cases. If there are special circumstances, the Court may deviate from the guidelines.
Yes, a joint custody arrangement is possible. However, you can expect the Family Court to pay careful attention to the effects that any proposed custody arrangement will have on the child.
Family law can be complicated. Consider speaking to a qualified South Carolina family law attorney about your specific situation.
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