South Carolina Divorce
Information and FAQ
South Carolina law permits no-fault divorces based upon living separate
and apart without cohabitation for at least one year. Additional grounds
include; adultery, desertion, physical cruelty and addiction to drugs or
alcohol. 3-20-3-10 Residency requirements South Carolina law requires that
one of the spouses must be a resident of the state for a minimum of one
year (three (3) months if both parties are residents of South Carolina)
immediately prior to the filing of the petition for divorce. 3-20-3-30
Venue The petition for divorce must be filed in the county in which the
defendant resides at the time of filing, or where the plaintiff resides if
the defendant is a non-resident or cannot be found. The petition may also
be filed in the county where the parties last shared a residence, unless
the plaintiff is a non-resident, in which case it must be filed in the
county where the Defendant resides. 3-20-3-60
Name of court and title of action/parties An action for divorce in the
State of South Carolina is filed in the Family Court. The title of the
action initiating the divorce action is the Complaint for Divorce, while
the title of the action granting the divorce is referred to as the Decree
of Divorce. The party filing the action is the Plaintiff, while the other
party to the divorce is referred to as the Defendant.
Legal separation South Carolina law permits a judgment of separation.
3-20-3-140
Waiting period Unless the plaintiff is seeking a divorce based upon
living separate and apart without cohabitation for one year, there is a
three (3) month waiting period from the filing of the petition before the
court will grant a judgment of dissolution of marriage. 3-20-3-80
Alimony The courts may award alimony to either spouse. Alimony may be
periodic, lump sum, rehabilitative or reimbursement type. Adultery is
considered by the court when making a determination as to whether alimony
should be granted. Factors the court considers in determining the amount
and term of alimony include:
1. The duration of the marriage and the age of the parties. 2. The
physical and emotional condition of the parties. 3. The educational
background of the parties along with the need of each for additional
training or education. 4. The employment history and earning potential of
each spouse. 5. The standard of living established during the marriage. 6.
The current and reasonably anticipated expenses and needs of each spouse.
7. The current and reasonably anticipated earnings of each spouse. 8. The
marital and non-marital properties of each spouse. 9. Custody of the
children. 10. Marital misconduct, and 11. Any other relevant factors.
Either party may petition the court for an order or judgment increasing
or decreasing the amount of alimony. 3-20-3-120
Distribution of property South Carolina is an equitable distribution
state. This means that the court will divide the marital property between
the parties as it deems equitable and just, after setting aside to each
spouse the separate property of each. Some of the factors the court
considers in dividing the property between the parties include:
1. The duration of the marriage. 2. The age of the spouses. 3. Marital
misconduct. 4. Economic misconduct. 5. The value of each party’s marital
property. 6. The contribution of each spouse to the marital estate. 7. The
income of each spouse. 3-20-7-472
Child custody South Carolina courts will decide the issue of custody
based upon the best interests of the child. In determining the best
interest of the child, the court must consider the child's reasonable
preference for custody. The court shall place weight upon the preference
based upon the child's age, experience, maturity, judgment, and ability to
express a preference. Religious faith shall also be considered in
determining custody. In making a decision regarding custody of a minor
child, in addition to other existing factors specified by law, the court
must give weight to evidence of domestic violence. 3-20-7-1515,
3-20-7-1520
Child support In a proceeding for dissolution of marriage or legal
separation, the court may order either or both parties to pay a reasonable
amount necessary for the support of a child of the marriage. The South
Carolina legislature has established child support guidelines which
establish the presumptive correct amount of child support. Deviation from
the guidelines require a specific finding by the court that application of
the guidelines would be unjust or inappropriate and such findings must be
included in the judgment. 3-20-7-852
Name change The court, upon granting a final judgment of divorce, may
allow a party to resume the use of their former name. 3-20-3-180
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