Breaking Down Divorce in South Carolina: What You Need to Know

Divorce is a significant step, and understanding the specific rules in South Carolina can help ease the process. This page is here to guide you through the basics of divorce in South Carolina. For more in-depth information, we’ve got links and resources ready for you.

Divorce Laws in South Carolina

In South Carolina, divorce laws allow for both no-fault and fault-based divorces. For a no-fault divorce, you and your spouse must live separately for at least one year. Fault-based grounds include adultery, desertion, physical cruelty, and habitual drunkenness.

Compared to some states, South Carolina’s option for fault-based divorce stands out. You must be a resident of South Carolina for at least one year before filing, or three months if both parties live in the state.

Process of Filing for Divorce

Starting a divorce in South Carolina involves filing a Complaint for Divorce at your local Family Court. You’ll need various forms, like the Family Court Cover Sheet and Financial Declaration Form.

After filing, you must serve the papers to your spouse, usually through a process server or sheriff. South Carolina may have specific forms or steps that differ from other states, so checking with your local court is a good idea.

Check out our comprehensive article on how to file for divorce in South Carolina here.

Child Custody and Support

When it comes to children, South Carolina focuses on their best interests. The state looks at several factors to decide custody, like each parent’s relationship with the child and the child’s preference, if age-appropriate.

Child support calculations in South Carolina follow set guidelines based on parents’ income and the number of children. There may be unique considerations in certain cases, making it vital to understand state-specific guidelines.

Alimony/Spousal Support

Alimony in South Carolina depends on various factors. The court considers each spouse’s earning capacity, the length of the marriage, and the standard of living during the marriage, among others.

Alimony can be temporary or permanent, and the specifics can vary widely based on individual circumstances.

Property Division

In South Carolina, marital property is divided based on ‘equitable distribution’. This means the division is fair but not necessarily equal. The court considers factors like the duration of the marriage, each spouse’s contribution to marital property, and economic circumstances.

Divorce in South Carolina Resources

For a deeper dive into South Carolina’s divorce laws and procedures, explore these helpful links: South Carolina Family Law Courts, South Carolina Legal Services, and State Government Resources. These resources can provide more detailed guidance and support.

Read:

How Much Does a Divorce Cost in South Carolina

South Carolina Divorce Forms

Simplified Divorce:

• Petition for Simplified Dissolution of Marriage: https://www.sccourts.org/forms/indexsrldivorcepacket.cfm
• Final Judgment of Simplified Dissolution of Marriage: https://www.sccourts.org/forms/indexsrldivorcepacket.cfm
• Self-Represented Litigant Simple Divorce Packet: https://www.sccourts.org/forms/indexsrldivorcepacket.cfm

Contested or Uncontested Divorce (with or without children):

• Petition for Dissolution of Marriage: https://www.sccourts.org/forms/
• Financial Affidavit (Family Law): https://www.sccourts.org/forms/
• Affidavit of Corroborating Witness: https://www.sccourts.org/forms/
• Notice of Social Security Number: https://www.sccourts.org/forms/
• Final Judgment of Dissolution of Marriage: https://www.sccourts.org/forms/
• Parenting Plan: https://www.sccourts.org/forms/word/SCCA466.dot
• Child Support Guidelines Worksheet (optional): https://dss.sc.gov/child-support/calculator/

Additional Forms:

• Notice of Hearing: https://www.sccourts.org/forms/
• Motion for Temporary Relief: https://www.sccourts.org/forms/
• Waiver of Service: https://www.sccourts.org/forms/
• Proof of Service: https://www.sccourts.org/forms/

Resources:

• SC Court Forms: https://www.sccourts.org/forms/
• SC Courts – Self-Help Center: https://www.sccourts.org/selfhelp/

Disclaimer Please remember, this page offers a general overview and is not legal advice. For specific advice related to your situation, consulting a legal professional is recommended.