South Carolina Family Laws

If both parties are SC residents: 3 months. If only one party is a SC resident: 1 year.

The filing fee for divorce in South Carolina Family Court is $150.

1 year of continuous separation is required for no-fault divorce. Fault-based grounds eliminate this requirement.

South Carolina divides marital property equitably (not necessarily 50/50). Courts consider 15 statutory factors including: duration of marriage, marital misconduct, income and earning potential, health and age, contributions (including homemaking), and tax consequences.

Periodic: permanent, ongoing (terminates on remarriage or 90+ day cohabitation). Lump-sum: fixed total, not modifiable or terminable on remarriage. Rehabilitative: temporary, for education/training. Reimbursement: compensates contributions to spouse's career/education. Adultery bars alimony.

Custody is based on the best interests of the child with no presumption favoring either parent. Factors include: wishes of parents, child's relationships, adjustment to home and school, domestic violence history, and substance abuse.

South Carolina uses the income shares model. The guidelines amount is presumptively correct; deviation requires showing it would be unjust or inappropriate.