Question 1

What are the residency requirements for filing for divorce in South Carolina?

Accepted Answer

At least one spouse must have been a South Carolina resident for at least 1 year (or both for 3 months) before filing. You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does South Carolina allow no-fault divorce?

Accepted Answer

Yes. South Carolina allows no-fault divorce based on 1 year of continuous separation.

Question 3

How is property divided in a South Carolina divorce?

Accepted Answer

South Carolina follows equitable distribution principles for dividing marital property. This means the court divides property fairly, considering factors like each spouse's contributions, economic circumstances, and the length of the marriage.

Question 4

Is there a waiting period for divorce in South Carolina?

Accepted Answer

South Carolina requires 1 year of separation for no-fault divorce and a 90-day waiting period for fault-based divorce after filing.

Question 5

How is child custody determined in South Carolina?

Accepted Answer

South Carolina courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in South Carolina?

Accepted Answer

South Carolina uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the South Carolina court system website.

Question 7

Does South Carolina award alimony/spousal support?

Accepted Answer

Yes, South Carolina courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in South Carolina?

Accepted Answer

Most states, including South Carolina, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in South Carolina.

Question 9

How long does a divorce take in South Carolina?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in South Carolina may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in South Carolina?

Accepted Answer

You can use our directory to browse divorce attorneys in South Carolina by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

South Carolina Divorce: Frequently Asked Questions

Find a Divorce Attorney in South Carolina