Frequently Asked Questions Regarding Divorce in South Carolina

1. Who can file for divorce in South Carolina?

You may file for divorce in South Carolina as long as both you and your spouse have been residents of South Carolina for 3 months or if one of you has been a resident of the state for 1 year.

2. What are the grounds for divorce in South Carolina?

The most common ground for which a divorce is granted in South Carolina is a one-year separation. Other grounds (which can take less time) for divorce are adultery, alcohol addiction or drug addiction, physical abuse or the reasonable fear of physical abuse, and willful desertion for one year.

3. How do I get a legal separation?

Technically, there is no legal separation in South Carolina. However, you can get an order from the Family Court for separate maintenance. The Order of Separate Maintenance will outline all the provisions necessary to protect the parties during a separation. 

4. Who gets custody of the children?

The South Carolina Family Court always makes custody decisions based upon the best interests of the child. The rights of both parents to custody are equal. The court will consider the living conditions of each parent’s home, the parents’ lifestyle, the religious faith of the parents and the child, the nature of the case, and any other circumstance that may affect the welfare of the child. In making a decision, the court may listen to a child’s preference for custody, but will also consider the child’s age and his or her ability to make competent decisions. 

5. Can custody be changed?

Yes, however there must be a change of circumstances and a new court order is required.

6. How is visitation set?

To set reasonable visitation, the court is going to look at the best interests of the child and at many of the factors used in determining custody. There are other factors that must be considered, such as the distance between the residences of the parents and the child’s school calendar. It is very unlikely that a court will entirely deny visitation to a parent.  

7. How is child support determined?

The state of South Carolina prepares child support guidelines that are presumed to be correct. The guidelines can be found at http://www.state.sc.us/dss/csed/calculator.htm. The child support amounts from the guidelines can be adjusted based upon several factors.

8. How will the court divide property and debts?

South Carolina law requires that the marital estate (property and debts) be divided equitably or fairly. That does not always mean equally. Among the factors to be considered by the court are marital misconduct (adultery, etc), earning potential of each party, health of each party, non-marital property of each party, alimony, child custody and support, other support obligations of the parties, and the tax consequences of the division.

The information presented in this article is a general guide and is not legal advice. Every situation is different. Consult with your attorney as soon as possible before taking any action.